- (1.) This judgment shall dispose of three connected criminal appeals i.e. CRA No. S-2608-SB of 2009, CRA No. S-584-SB of 2009 and CRA No. S-2653-SB of 2009 filed by the appellant(s).
(2.) Brief facts of the case as set-out in Para 2 of the judgment passed by learned Additional Sessions Judge, Jalandhar are as under: "The prosecution story, in brief is that on 04.12.2005 HC Bhajan Singh made statement to the police to the effect that he is working as a Naib Court at Police Station Lohian. On 04.12.2005 he carried special reports for delivering it to the Ilaqa Magistrate Nakodar and other officers and after handing over special reports he had been returning to the Police Station Lohian by riding his motorcycle make Hero Honda Passion. At about 9.15 p.m. due to road leading from Malsian to Lohian being in a damaged condition he was going to Lohian via village Maridwal and when he reached a little ahead of Dabri Colony Malsian, one motorcycle make TVS bearing No. PB-08D-Temp.9996 crossed him, upon which three MONA youngsters had been riding. They threatened him to stop the vehicle by telling that otherwise he would be done to death. One of them was carrying a KHOKHRI while the other person was carrying a DATAR. After forcibly stopping his motorcycle, all the three accused confronted him. In the meantime, they were joined by two more youngsters carrying DANDA and he recognised all of them in the head light of his motorcycle because at that time his motorcycle was in a start position. He also recognised that the motorcycle was being driven by accused Harpreet Singh and on the pillion of his motorcycle Abhijit Kumar carrying a KHOKHRI and Raj carrying a DATAR had been sitting. While their co-accused Gurdev Singh and Bajrangi were carrying DANDAS. He knew all of them before hand. When he asked the reason from the assailants as to why he had been stopped, they started thrashing him with their weapons and they forcibly took away his wallet from his pocket. They also took out his mobile phone make Nokia 3310, in which Sim No. 98156-66265 had been put. They also forcibly snatched his wrist watch. His wallet contained his identity card, learning driving license and other important papers, including currency notes of Rs.150/-. Abhijit Kumar and Raj @ Yogi also forcibly snatched his motorcycle from him and when towards Malsian. The remaining three accused also went away upon their motorcycle after issuing threats of elimination to him. On the above said statement of HC Bhajan Singh, FIR under Section 395 IPC was recorded. All the accused were arrest. Weapons of offence as well as motorcycle were recovered. One of the accused Ashok Kumar @ Bajrangi could not be arrested and, rather he was declared a proclaimed offender by the Ilaqa Magistrate on 27.1.2006. After completion of investigation challan against the remaining accused was present in the Court of Ilaqa Magistrate for commitment proceedings."
(3.) After completion of investigation, the challan against the accused appellant( s) was presented before the Ilaqa Magistrate and vide order dated 22.08.2006, charges were framed against all the three accused, to which they pleaded not guilty and claimed trial.;