RAMKISHAN MITHANLAL SHARMA Vs. STATE OF BOMBAY

JUDGEMENT

(1.) Anokhelal Ranjit Singh, original accused 1 and Appellant in Criminal Appeal No. 28 of 1954, Harnarain Nanakchand, original accused 2 and Appellant in Criminal Appeal No. 23 of 1954 and Rankishan Mithanlal Sharma, original accused 4 and Appellant in Criminal Appeal No. 4 of 1954, along with one Rubidas Radhelal, original accused 3 since deceas ed and one Bankelal Devisingh still absconding were charged under Section 397 read with Section 395 of the Indian Penal Code with having committed dacoity and used deadly weapons at the time of committing the same and were also charged under Section 396 of the Indian Penal Code with having committed the murder of Lawrence Quadros at the same time and place and in the course of the same transaction while committing the said dacoity.

(2.) The prosecution alleged that the Lloyds Bank Ltd. had a branch situated at Hornby Road and had three entrances, the main one on Hornby Road and two others on Outram Road and Bastion Road. It was customary for the Bank to send cash from time to time to the Reserve Bank whenever the Head Cashier thought that there was a surplus. On a day previous to the day when cash was to be sent, the Head Cashier would give the currency notes to the Assistant Cashiers. As a token of having checked up the notes each of the Assistant Cashiers would put their signatures on the top and the bottom notes in a bundle containing 100 notes of Rs. 100 each, and would affix thereon the rubber stamp of the Bank.

(3.) In the morning of the 20th April the escort party consisted of Brightling, Sarkari and Doctor and the peon Rama Madura and taxi No. BMT 1829 was summoned to carry the party to the Reserve Bank. The escort party emerged from the rare door of the Bank and went up to the taxi. Bala Gopal Kadam, a watchman was on duty on Bastion Road. When the escort party came out, the taxi's bonnet was in the direction of the Empire Cinema and the driver Lawrence Quadros was at the driver's seat. Brightling got into the taxi first and took his seat on the rear seat and was followed by Rama Madura. Sarkari went round in front and took his seat next to the taxi driver.