VIKRAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of the Code of The Criminal Procedure, 1973 (hereinafter to be referred as Cr. P.C), is directed against the judgment and order dated 10.07.1984 passed by Assistant Sessions Judge, Almora, in Session, Trial No. 4/1984 State Vs. Vikram Singh & others under Sections 394/398 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.), in Session, Trial No. 12/1984, State Vs. Deb Singh, under Sections 25/27 Arms Act, 1959 as well as in Session Trial No. 11/1984, State Vs. Vikram Singh, under Section 25/27 Arms Act, 1959 whereby the learned Assistant Sessions Judge has convicted the appellants under Section 394 I.P.C. and awarded sentence of 10 years R.I. each. They were also convicted under Section 398 I.P.C. and each of them was awarded sentence of 7 years R.I. Appellants were further convicted under Section 25 Indian Arms Act, 1959 and each of them was sentenced to two years R.I. They were further convicted under Section 27 Arms Act and each of them was sentenced to two years R.I. All these sentences were direct to run concurrently. The trial court has decided the Session Trial No. 4/1984, Session Trial No. 11/1984 and Session Trial No. 12/1984 by the common judgment and order dated 10.07.1984 and the Session Trial No. 4/1984 was treated as a leading case in the trial.

(2.) IN brief, the prosecution story is that on 7.10.1983 at about 1:15 P.M., Sri Brijesh Chandra Shah, PW -1, Branch Manager, State Bank of India, Branch Danya, Almora, along with his staff was working in the Bank. The Bank guard Sri Udai Singh PW -2 was guarding the Bank and was armed with a spear. Meanwhile, four persons entered into the Bank. Out of them, one was armed with sten gun, the other with a knife and the rest two persons were armed with revolvers. When the Bank guard tried to stop them, one of the robbers gave a knife blow to him. The robbers immediately entered into the Bank and after pointing out their weapons towards the Manager and the employees of the Bank ordered them to bring out cash. The robber armed with knife assaulted. Sri Brijesh Chandra Shah PW -1 due to which he sustained knife injury on his finger. Then the Bank guard raised an alarm. On hearing this alarm, Sri Satish Chandra PW -5 and Bhuwan Chandra PW -4 rushed to the Bank and they caught hold of the man armed with a sten gun from behind. On this, the employees of the Bank also helped them and the dacoits along with the employees of the Bank came out of the bank in a scuffle. Meanwhile, several persons of the market, constables of police and revenue police collected outside the Bank, who were armed with lathis and Dandas. They started to beat the robbers with lathi and Danda and arrested two robbers on spot. The other two robbers were successful in running away from the place of occurrence. The arrested robbers disclosed their names as Deb Singh and Vikram Singh (appellants). They also disclosed the names of the robbers who had fled away from the scene of occurrence as Dharam Singh and Diwan Singh. One Rampuri knife Ex. 10 was recovered from the appellant Deb Singh, 20 live cartridges of sten gun were also recovered from the right pocket of his pant. One sten gun along with loaded magazine containing 10 cartridges was also recovered from the appellant Vikram Singh. The appellant Vikram Singh was also found in possession of a bag Ex. 9 hanging from his shoulder. On search of this bag, one artificial revolver Ex. 7, two black clothes Exs. 5 and 6, one undershirt Ex. 8 and 28 cartridges of sten gun Ex. 4/1 to 4/28 were also recovered. The appellants were detained in the Bank. Patwari Narayan Singh who was busy in Ukaltok, Danya, in preparation of voters list heard the noise from the Bank. He rushed to the Bank, where the Manager, Sri Brijesh Chandra Shah PW -1 gave him a written report Ex.Ka. 1. He prepared chick F.I.R. Ex.Ka. 9 and registered the case. The Bank Manager also handed him over the appellants Vikram Singh and Deb Singh. He searched the appellant Vikram Singh and found Rs. 42.75 in his pocket and prepared a memo, that memo is Ex.Ka. 10, Ex.Ka. 2 is the memo of the items recovered from Vikram Singh which was later on handed over to Narayan Singh, Patwari Ex.Ka. 3 is the memo of the items recovered from Deb Singh/appellant which later on was handed over to the Patwari, Narayan Singh. The Bank Manager also handed over the sten gun snatched from appellant Vikram Singh along with loaded magazine to Patwari. The bag containing artificial revolvers, two black clothes, one baniyan and 28 cartridges of sten gun along with Rampuri knife Ex. 10 and also 20 cartridges of the sten gun snatched from appellant Deb Singh were also given to the Patwari. He prepared two memos Ex.Ka. 2 and Ex.Ka. 3 in presence of the witnesses. He sealed the recovered articles on the spot. A pair of shoes Ex. 14 was also handed over to the Patwari, who prepared recovery memo Ex.Ka. 4. He accompanied the Bank guard and Bank Manager to hospital in order to give them medical treatment. On the scene of occurrence, the District Magistrate, Almora and S.P. Almora, also reached. PW -6 Patwari Danya, Narayan Singh sent appellant Vikram Singh to hospital for medical treatment along with report Ex.Ka. 13. In the hospital, Dr. Dinesh Kumar, Medical Officer, Allopathic Dispensary, Danya, PW -3 examined the injury of Udai Singh PW -2 at 2.55 P.M. and prepared the injury report Ex.Ka. 5. On the same day at 3.30 P.M. he has examined the injuries of Satish Chandra Pant, PW -5 and prepared the injury report, that is Ex.Ka. 8. On the same day i.e. on 7.10.1983 he has examined an unknown person who later on was found to be Vikram Singh appellant and also prepared the injury report Ex.Ka. 9 -A. On the same day at 3:00 P.M., he has examined Brijesh Chandra Shah, PW -1 and prepared the injury report Ex.Ka. 6. He has also examined Bhuwan Chandra Pant PW -4 on the same day on 7.10.1983 at 3:15 P.M. and prepared the injury report Ex.Ka. 7.

(3.) AFTER that the case was committed to the court of Sessions by the order of Chief Judicial Magistrate, Almora, on 03.02.1984 u/s 209 Cr.P.C. after complying with the provisions of Section 207 Cr.P.C.