JOGINDER @ BACHI (CRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of the aforesaid two criminal appeals, one filed by the appellant Joginder @ Bachi and the other filed by the appellant Sunil seeking reversal of the judgment of conviction dated 12.10.2004 and order of sentence dated 15.10.2004 of the Additional Sessions Judge, Sonipat rendered in Sessions case No. 104 of 2004, whereby the appellants were convicted for the offence under Section 392 read with Section 34 IPC and under Section 397 IPC and were sentenced to undergo R.I. for seven years for an offence under Section 397 and further to undergo R.I. for five years and to pay a fine of Rs. 1000/- each under Section 392 read with Section 34 IPC and in default of payment of fine to further undergo R.I. for six months. The substantive sentences were ordered to run concurrently.

(2.) During the pendency of the appeals, appellants Joginder @ Bachi and Sunil filed separate applications i.e. CRM No. 38855 of 2006 and CRM No. 10216 of 2008 respectively under section 389 of Cr.P.C , 1973and the sentence awarded to appellants was suspended vide orders dated 27.04.2006 and 23.07.2008 respectively. Out of the total substantive sentence, appellant Joginder @ Bachi has already undergone 03 years, 03 months and 10 days of sentence, whereas appellant Sunil has undergone 04 years and 06 months.

(3.) Briefly stating the case of the prosecution was that an FIR was registered against the appellants on a complaint made by one Zile Singh alleging commission of a robbery on 01.07.2002 at about 4.00 PM, when he was going from Gohana to his own village Chhapra on his motor-cycle. It was also alleged that his motor cycle was stopped by three young men armed with lathis. They snatched his motor-cycle and sped away towards village Kehlpa. One of the assailants was armed with a pistol and they robbed on pistol point.