STATE Vs. SUBHASH CHANDER @ SUBHASH @ YASHPAL @ AMERJEET

JUDGEMENT

(1.) THE prosecution case is that on June 4, 1984 at about 1.15 p.m. Subhash, Ravinder Kumar @ Ravi, Satish, Mohan and Rajesh Gupta holding pistols in their hands entered the premises of the State Bank of Bikaner & Jaipur, New Rohtak Road, Delhi. They asked the employees and the persons present in the bank to raise their hands. They also enquired as to who was the Manager and the Cashier of the bank. One of the employees answered to say that Shri K.L. Batra was the Manager and Shri V.K. Marwaha was the Accountant. After collecting the bank employees and the customers near the strong room of the bank, they demanded the keys of the strong room from Shri K.L. Batra and Shri V.K. Marwaha, but they refused to hand over the same. Since they did not accede to their request, they were hit in their abdomens by the butts of the pistols. Shri Marwaha was made to take out the key from a locker. They also asked him as to where was the other key of the strong room as the same had a double locking system. Some one told them that the key was with Shri V.D. Sethi, Head Cashier. Thereafter three decoits came to his cabin and asked for the key. At that point of time Shri Sethi, Head Cashier, and Shri Dharam Singh Vashist, Cashier, were having a sum of Rs.1,25,000/ - in their cabins. One of the dacoits picked up the money and kept the same in a cloth bag. Thereafter Shri V.D. Sethi was taken near the strong room. A pistol was kept on his temple and was asked to get the key. On being thus threatened, the key was brought from the cash cabin and strong room was opened by operating the keys, one by Shri V.D. Sethi and the other by Shri V.K. Marwaha. Shri V.D.Sethi was directed to take out the cash from the strong room and transfer it to the bag which was being held by the decoits. A sum of Rs. 2,82,000/ - was taken out from the strong room and put into the bag. One of the dacoits also picked up three parcels lying in the strong room. The employees and the other persons were threatened not to follow the dacoits after the booty was picked up by them. According to the prosecution case, Subhash positioned himself near the main gate of the bank while the cash was being taken out. As the dacoity was in progress, Subhash Chand an employee of the bank was alighting from the stairs leading to the bank hall on the ground floor where the dacoity was taking place. Subhash Chand instead of coming down, rushed up -stairs and jumped into the adjoining building and informed the police post Dev Nagar about the dacoity. In a short while SI Jaswant Singh, ASI Charan Singh and HC Malkiat Singh arrived at the spot on a Lambretta two wheeler scooter bearing No. DHI 4976 which was drived by SI Jaswant Singh. Hardly SI Jaswant Singh had parked his scooter at the gate of the bank, Subhash who was standing at the entrance of the bank, fired from his revolver. SI Jaswant Singh fell down as he was hit by bullets fired by Subhash. HC Malkiat Singh who was having a danda in his hand wielded the same in the direction of Subhash but at the same time he was hit by a bullet. Subhash alerted his other companions about the arrival of the police. Accused Ravinder Kumar @ Ravi who came out and was carrying parcels, also started firing from his revolver. Subhash who was meanwhile preparing to reload his revolver, was hit by HC Malkiat Singh with the danda. ASI Charan Singh who had taken position near the boundary wall of the bank, fired four bullets from his service revolver but none of the accused was hit. Satish, Mohan and Rajesh who were carrying the bag containing cash panicked and left the same as it got stuck in the grills of the main gate of the bank. They while running also fired from their revolvers. While Subhash and Ravinder Kumar @ Ravi escaped in a get away stolen Fiat Car No.CHB -3764 parked outside the bank, the others made good their escape on foot. SI Jaswant Singh as a result of the injuries died on the spot. HC Malkiat Singh and the body of SI Jaswant Singh were removed to the Hospital. Shri V.D. Sethi made a statement at the place of the incident on June 4, 1984 with regard to the incident, to Inspector M.S. Chikkara who recorded the same vide D.D. Entry No. 12 -A at 3.10 P.M. This was sent to P.S. Original Road. On the basis of the statement, first information report bearing No.264/84 was registered under Sections 395/397/398/307/186/353/333/34 IPC and Section 28/54/59 of the Arms Act at Police Station Original Road.

(2.) ON October 30, 1984, Subhash was arrested near Andheri Railway Station at Bombay by PW -97 SI K.J. Bardeshkar on a tip off. At the time of his arrest a Webley and Scott revolver, loaded with six rounds, was recovered from his person. Besides 9 rounds were found in his bag. A case under Section 25 of the Arms Act was registered against Subhash at Bombay. On October 31, 1984 Subhash was produced before a Metropolitan Magistrate who remanded him to police custody. The Bombay police informed Punjab, Haryana and Delhi Police through wireless about the arrest of Subhash. On November 4, 1984 Delhi Police arrived at Goregaon Police Station. An application was filed at the instance of Delhi Police to Borivali Court No. 94 for transfer of the custody of Subhash to Delhi police Along with the revolver and ammunition recovered by the Bombay Police in connection with case FIR No.280/82 under Sections 395/397/398/34 IPC P.S. Nizamuddin. In consonance with the order of the said Court, Subhash was handed over to Delhi Police Along with the revolver and the ammunition recovered from him. As a result of the Court order Subhash was brought to Delhi on November 18, 1984 and was formally arrested. He made a detailed disclosure statement Ex. P88A with regard to his participation in several crimes including the instant case. He also gave details of his other accomplices, who had participated in the commission of the crime in question, namely, Satish @ Rani, Ravinder @ Ravi, Mohan Lal and Rajesh Gupta. On December 20, 1984 Subhash was formally arrested by PW -48 Insp. Laik Ram in a case FIR No. 121/84 under Sections 395/397 Police Station Darya Ganj. In this case a disclosure statement Ex.PW48/D was made by Subhash pertaining to the incident in question. The disclosure statement led to the recovery of parcel containing 20 inhalers which had been removed from the bank. From the disclosure statement of Subhash, the Delhi Police also came to know that Satish and Mohan frequently visited Disco at Hotel Rajdoot, New Delhi. On receiving this information a trap was laid by the police which resulted in apprehension of Satish and Mohan from near Hotel Rajdoot on November 18, 1984 at 9 p.m. They were found to be carrying revolvers in the dubs of their pants. They were accordingly arrested under Section 25 of the Arms Act and FIR Nos. 426/84 and 427/94 PS Nizamuddin, were recorded. While Rajesh was also arrested in connection with the instant case, Ravinder @ Ravi could not be apprehended and was declared a proclaimed offender. During the trial, Rajesh was granted bail. However, he jumped the bail and was also declared a proclaimed offender on September 23, 1995. While the prosecution produced as many as 99 witnesses to prove the case against the accused persons, the defense did not lead any evidence. The trial Court by its judgment dated September 23, 1998 found that approximately Rs.4 lakhs were looted jointly by Subhash, Satish and Mohan Lal as well as the absconding accused Ravinder and Rajesh Gupta. At the time of the incident they threatened the bank employees and forced them to open the strong room with the keys which were in possession of PW V.K. Marwaha and PW V.D. Sethi. The trial Court also came to the conclusion that the prosecution had been successful in proving that Subhash had fired at SI Jaswant Singh, HC Malkiat Singh and ASI Charan Singh when the trio reached the spot on a two wheeler scooter. As a result of the firing SI Jaswant Singh died at the spot and HC Malkiat Singh received grievous injuries. Since Subhash, Satish and Mohan Lal were armed with deadly weapons and had caused the death of police officer Jaswant Singh while committing dacoity, they were held guilty for the commission of an offence under Section 396 IPC. They were also held guilty under Section 395 read with Section 397 IPC since they had attempted to cause the death of HC Malkiat Singh. It was also held that the murder of SI Jaswant Singh was committed in furtherance of common intention of the accused persons. As such Subhash, Satish and Mohan Lal were held guilty under section 302 read with Section 34 IPC. The trial Court also found that they had obstructed public servants in discharge of their functions. Accordingly it held the three above named accused persons guilty for commission of an offence punishable under Section 186 read with Section 34 IPC. Besides they were also held guilty under Section 353 read with Section 34 IPC as they had used criminal force against the bank employees and HC Malkiat Singh while they were performing their public duties. The three accused persons were also held guilty under section 333 read with Section 34 IPC for causing grievous hurt to HC Malkiat Singh to deter him from performing his public duty. Since Head Constable Malkiat Singh sustained bullet injuries on his body as a result whereof he could have died, and since accused Subhash had fired at HC Malkiat Singh in furtherance of common intention of all the accused persons, while wanting to escape from the scene of crime, they were convicted under Sections 307/34 IPC. Besides, Subhash was convicted under Section 27 of the Arms Act for using the revolver recovered from his possession on October 30, 1984 at Bombay. In nutshell the accused were convicted for the following offences: -

(3.) NO separate sentence was awarded under Section 307 IPC since the accused had already been sentenced for a more serious offence under Section 307 IPC;