(1.) All the above appeals have been preferred against the common judgment and order dated 8.10.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 864-DB of 2005, 2062-SB of 2005, 2073-SB of 2005, 2074-SB of 2005, 2075-SB of 2005 and order dated 16.10.2007 in Crl. R.P. No. 323 of 2006, whereby the High Court has dismissed the appeals of the appellants filed against the conviction and sentences awarded to them by the Additional Sessions Judge, Patiala, in Sessions Case No. 49-T of 9.5.1998/30.11.2001 vide judgment and order dated 18.11.2005, whereby he had convicted Jaspal Singh, DSP - appellant in Criminal Appeal No. 528 of 2009 and one Amarjit Singh, ASI, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter referred as 'IPC'), and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default of payment of fine, to further undergo Rigorous Imprisonment (hereinafter called 'RI') for five months. Both were also convicted under Section 120-B IPC and sentenced to undergo RI for five years and to pay a fine of Rs.2,000/-, in default of payment of fine, to further undergo RI for two months. They were further convicted under Sections 364/34 IPC and sentenced to undergo RI for seven years and to pay a fine of Rs. 5000/- each, in default of payment of fine, to further undergo RI for five months. They were also convicted under Sections 201/34 IPC and sentenced to undergo RI for two years and to pay a fine of Rs.2,000/-, in default of payment of fine, to further undergo RI for two months.
(2.) FACTS:
(3.) Shri Sushil Kumar, learned senior counsel appearing for the appellants in Crl. Appeal Nos. 523-527/2008, has submitted that in the instant case, an FIR had been lodged under Section 365 IPC without naming any person. The charge-sheet was filed under Sections 365/220 read with Section 120B IPC and the sanction dated 19.8.1996 had been obtained by the prosecution from the Competent Authority to prosecute the accused persons under Sections 365/220 read with Section 120B IPC. The appellants stood convicted under Section 364 read with Section 34 IPC and were awarded 7 years RI each. In case, the appeals of these appellants had been dismissed by the High Court, there was no justification for enhancing the punishment in exercise of the power under Section 386(e) Cr.P.C. The High Court committed error in observing that it was a fit case for enhancement of punishment though charges had never been framed for the offences providing more rigorous punishment. In case, there had been no material at the time of framing of the charges for a more serious offence, the High Court erred in enhancing the punishment suo motu. The prosecution witnesses failed to identify the abductors. Moreover, there had been inordinate delay in investigation and thus, there were a lot of improvements and manipulations in the record.
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