SUDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common order shall dispose of the aforementioned two appeals which have arisen out of common judgment of conviction and order on quantum of sentence dtd. 1/6/2024 passed in Sessions case No.35 of 2021 titled as State v. Sudhir and another arising out of FIR No.567 dtd. 14/7/2019 registered under Sec. 379-A of IPC at Police Station City, Panipat whereby the appellants had been held guilty and convicted by the Court of learned Additional Sessions Judge, Panipat for commission of offence punishable under Sec. 379-A read with Sec. 34 of IPC and were sentenced to undergo rigorous imprisonment for a period of five years each and to pay fine of Rs.25,000.00 each. In default of payment of fine, they were further sentenced to undergo rigorous imprisonment for a period of six months. Fine had not been paid.

(2.) The prosecution in this case had been launched on the basis of a complaint submitted by the complainant Gaurav on 14/7/2019 alleging that on the night of 9/7/2019 at about 11 PM, he was going from Bus Stand Panipat towards his Village Khozkipur, when two youths riding on a bike came to him and after snatching his mobile phone make VIVO-Y95 containing two sim cards, escaped with the same. A case under Sec. 379-A of IPC was registered. Investigation proceedings were initiated. An untraceable report was filed. The appellants were arrested on 27/7/2020 on the basis of a secret information. They were interrogated and suffered disclosure statement admitting their involvement in the crime and got recovered cash amount of Rs.1600.00and Rs.1400.00 respectively. The motorcycle used at the time of occurrence by them had also been got recovered. After completion of investigation, challan was presented in the Court.

(3.) Copies of challan were supplied to the accused free of cost. On finding a prima facie case for commission of offence punishable under Sec. 379-A read with Sec. 34 of IPC, the appellants had been charge-sheeted accordingly, They pleaded not guilty to the charges and claimed trial.