This common judgment dispels two criminal appeals arising from conviction and sentencing for attempted robbery. The court rejected the appellants' plea to reduce sentence, noting their punctual habeas corpus history and conviction on evidence.
The appeals were dismissed; the conviction and sentences were upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
402
CriminalAppealNo Se1540SB of 2009 1
CrlminalAppealNo S4 540 SB of 2009 Dateofdecision q 052013
Sanjay
Appellant
versus
Stateof Haryana
Criminal ADpealNoe Se1932SB of 2009
Somveerandanother
versus
Stateof Haryana
CORAM 2m HONBLE MRe JUSTICE KCPURI
1 WhetherReportersof Local may be allowed to see the 23 Tobe referredtothe Reportersor not2 9 Whether shouldbe reportedinthe Digest2
Present1 Ms Parvinder PartapKaur Advocate for the inboth the appeals ShriAmit Kaushik Senior DAG Haryanain both the appeals
KCPURI J
Bythiscommon judgmentIintend to disposeof Criminal
AppealNo 1540SB of2009 titledas Sandeep SanjayversusState
of Punjaband CriminalAppealNo 1932SB of2009 titledas Somveer JOYTI RANI 2016.03.28 16:19
ANITA I attest to the accuracy and 2014.11.11 11: 53True Scanned Copy Of The Originaland anotherversus Stateof Punjabas boththese appealshave arisen integrity of this document out PHHC,Chandigarh
403
J
Se1540SB of 2009
2
of thesame incidentand For conveniencefacts are beingtaken from CriminalAppealNo S1540 SB of2009
2 n these appealsare the dated 432009 and order dated 53009 byShri AlCJain the then Additional Sessions JudgePanipatvide which Sandeepand Somveer alongwith accusedRajunolappellanwere convictedunder Sections 398and 401 of the Indian Penal Code 6 in short the IPC l and sentencedto rigorous for a periodof seven years eachunder Section398 ofthe IPC andto rther rigorous for a periodof five years and to paya 6ne of Rs100001 eachand in default of paymentof fine to further undergorigorous fora periodof fourmonths under Section401 oftheIPC Accused Somveer and Rajuwere 8lrther sentencedto rigorous fora periodoftwoyearsand topayafine ofRs0001 each inder Section 25 of the Arms Act and in default of paymentof Oneto furtherundergo fora periodofone montheach All the sentenceswere however orderedtorun 3 The storyin briefis thaton 8102008 Surinderwas comingfromKabrito Hari NagarPanipatthroughhis When he reachednear a kotha of Sunil Rawal somepersons to rob hiln Theywerearmedwith acountrymade pistolaknife andadanda However Surinderfled away 8om the spotand reportedthe matter to Ishwar Singh
SI Police Station Model town PanipatThereuponSIIshwarS ingh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and the True Scanned Copy Of The Originalaa raidingpartyand reached the spot The accused stopped integrity of this document
ANITA 2014.11.11 11: 53 True Scanned Copy Of The Originalaa PHHC,Chandigarh
vehicleof the policepartyandon seeingthe policepartytheytried to Oee
9
404
CriminalAppealNo S 540 SB of 2009
3
from thespotbutwere A 315bore countrymade pistolalong withone live one knifeand a dandawere recoveredfrom them Site planof the placeof occurrence was The accusedwere arrested and after ofthe challan againstthe accusedwas in thecourt
4 ofdocumentswere suppliedto theaccusedfreeofcosts Onthebasis ofthematerialonrecord allthe accusedwere chargesheeted underSections398 and 401oftheIPC andchargeunder Section25 ofthe Anns Act waslso framedagainstthe accusedSomveer and Rajuby the trialCour Theaccused pleadednot guiltytheretoand claimedtale
5 The in orderto bringhome guiltexaminedHC SurenderSingh6PW 9 ASISat Pal We21Madan LalSethireader to MagistratePanipatOW39ASIDalbir Singh W49Surender 6PW5SIIshwar SinglWm69VijenderSinghEHC6PW79Constable NareshKumnar PHL89and closedthe evidence
6 The accusedwere examinedunderSection313 ofthe Code of 1
CriminalProcedureand allthe evidencewas put to them to which they denied and pleadedtheirinnocence The accusedwere called uponto lead defencebut theydid not lead any evidence
7 The learnedtrial court afler ofthe evidence convicted and sentencedthe accusedvide dated 43009 and order dated 552009as aforesaid
8 dated432009 and Feelingdissatisfied wlththe JOYTI RANI 2016.03.28 16:19 ANITA I attest to the accuracy and 2014.11.11 11: 53True Scanned Copy Of The Originalorder dated 53009 passedbyleamedAdditionalSessions JudgePanipat integrity of this document PHHC,Chandigarh
thepresent have the presentappeals
4
P
405
1 CriminalAppealNo S1540 SB of2009
4
9e Ihaveheardleamedcounselforthe partiesand have gone therecordsofthecase with their ableassistance
10 Learnedcounsel forthe has submittedthat the prosecutiOIlstorycannot be takenas a gospeltruth Accordingto the versionSurendeSinghhadreachednear Kothaof Sun Rawal situatedon Kabri road Panipatthree assailantscame in front ofhis
Somveerwas armedwith 3 15 bore pistolRajuwasarmed withspringactuatedknifeand Sandeepwas armedwith a danda oneofthe saidpersonsasked hiscoeaccused Sandeepto stopthe so that theycouldrobthe The ran awayfrom the spot andnarratedthe occurrence to thepoliceandpolicereachedat the placeof occurrenceand the accused It is submittedthat it is not to wait for the aftertheir allegedattemptof robbery failed to the witnessthe policepartyreachedafter 30 minutesof thefirstattempttorob le would not have waited for sucha Iongperiodin case their attemptto rob had failed Itis submittedthat
has not sufferedany injurynor thereis that anyofthe tried to inflict injurieson the person of Surender The nianner ofoccurrence narratedbythe is not The is the of theoccurrence
andassuchthe accusedare entitledto
11 Ihave carellyconsideredthe saidsubmission butdonotfind
anyforce inthat submission
JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document
any ofthe accusedASI Dalbir Singh6PW49
ANITA 2014.11.11 11: 5312 Therewas no reason for the and True Scanned Copy Of The Original PHHC,Chandigarh
witnesses to
e
406
CriminalAppealNo S1540 SB of 2009 5
Surender 6PW and SI Ishwar Singh ofcer PW have thecase of the on all material Theyhave been crosseexamined at lengthbut nothingcould be broughton the file to discardtheir sworn testimonies The versiongivenby the 1Snot unnatural Surenderwas crossingthe placeofoccurrence on his scooter Hewas stoppedbythe and theytried to rob himbut he fled away fromthespotHeinformedthe police nearbyandon arrival ofthe policepartythe tried to rob thembut findingthe policeparty theytried torun away However theywere The recovery of 15 bore pistolspringactuatedknife and danda fromthe funherlend suppontothe case
13 Learnedcounsel for the has submittedthat Somveer andSandeephave already incarcerationfora periodof four years seven monthsand elevendaysout of the substantive ltence of seven yearsSo prayerhasbeenmadefor reductionoftheirsentence
14 I havecarelllyconsideredthe said submission but do not flnd anyforceinthat submission
15 The have been also convictedunder Section398 of the IPC The minimum sentence ofseven yearshas been prescribedin the said provisionsof law AsperconvlCtlOn slip Sandeepand Somveer
are facingtrial in similarcasesunderSections457 and
380ofthe IPC etc Someofthecases are still pendingandinsome ofthe JOYTI RANI 2016.03.28 16:19 ANITA I attest to the accuracy and 2014.11.11 11: 53True Scanned Copy Of The Originalcases theyhavebeen convicted in some ofthecases theyhave integrity of this document PHHC,Chandigarh
been acquittedSo the trend of the FIRs againsttwo
10
407
Criminal AppealNo S540 SB of 2009
6
showsthattheyseem to be habitual
16 So in these circumstances both the appealsare without any
merit andthesame standsdismissed
17 A copy of this be sentto the trial Court for strict
KCPURI I
JUIOGE
May 2013
SV
V7
1
lSo
JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document
ANITA 2014.11.11 11: 53 True Scanned Copy Of The Original PHHC,Chandigarh
2 issues framed by the court
Whether the conviction and sentence under Sections 398 and 401 of the IPC and Section 25 of the Arms Act are sustainable.
Whether the appellants are entitled to a reduction in sentence given they have been in incarceration for a portion of the term.
2 provisions across 2 enactments
Sandeep and another
Somveer and another
State of Punjab
KCPURI J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
