KRISHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Two criminal appeals bearing number CRA-S-1799-2019 and CRA-S-1279-2019 shall stand disposed of by this order; arising from a common judgment passed in Sessions case no. SC/155/2018 arising from FIR No. 106 dated 9.4.2018 registered under Sections 379-B/34 IPC convicting and sentencing the appellants in the following manner:-

(2.) In nutshell the case of the prosecution is that on 9.4.2018 when Head Constable Mahinder Pal alongwith Head Constable Karnail Singh and PHG Harkesh Singh were present near KSM Road adjoining Nirmal Stadium, Rajpura, Divya Rani w/o Parveen Kumar alongwith Hanisha and her brother came and informed that she is working at a chemist shop situated near Shani Mandir, Rajpura while her husband is doing private job in shop dealing in the footwears. On 6.4.2018 at about 9:15 pm when she alongwith her husband after finishing their work were going to their house on motor cycle bearing No.PB-39A-7210, two persons came from the back side on a motorcycle and the pillion rider snatched her purse and fled away taking advantage of the darkness. Her husband followed them on motorcycle and thus noted registration number of the motorcycle being driven by the offenders as PB-11AL-9011- make Splender black colour. Her bag was containing a booklet issued by the Indane Gas Agency, her voter card, keys of the house and Rs.400/- in cash. People gathered also informed that on 3.4.2018 at about 9:00 pm similarly, purse of one Hanisha daughter of Jyoti Parkash resident of House No.1095, Gandhi Colony, Rajpura Town was also snatched by the motorcyclists of motorcycle bearing registration No. PB-11AL-9011. When the first informant was going to inform the police post, Hanisha d/o Jyoti Parkash alongwith her brother Deepak Kumar also met her at Hira Chowk, Rajpura who also disclosed that she is victim of the similar incident on 3.4.2018. Her bag containing ATM card issued by ICICI Bank, her Aadhar card, keys of the office, two pen drives, Rs.1800/- in cash and some other important documents was also snatched. Both of them stated that they can identify those persons.

(3.) On the aforesaid statement, FIR for the offence punishable under Section 379-B/34 IPC was registered against unknown persons. Investigating officer thereafter visited the place of occurrence, prepared lay out plan and recorded the statement of the witnesses. On 10.4.2018 appellants were arrested on the basis of the secret information and motorcycle bearing registration no. PB-11AL-9011 alongwith its original registration certificate was taken in possession. Both the appellants suffered a joint disclosure statement on 10.4.2018, disclosing that both of the incidents of snatching were carried by them. They got recovered both the purses snatched on 3.4.2018 and 6.4.2018 containing the articles except cash in the presence of victims. The victims also identified the accused and the motorcycle. Investigating officer prepared two parcels of bags alongwith articles, sealed them with impression MP and both the parcels were taken into possession vide separate memos. Lay out plan of the place of recovery was also prepared and the appellants were produced before the Court on 11.4.2018.