AVTAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THESE are three Criminal Appeals, Criminal Appeal No. 398 of 1977 is by Avtar Singh, Criminal Appeal No. 431 of 1977 is by Dharampal and Criminal Appeal No. 1251 of 1977 is by Vikram. Appellant Vikram. waa convicted of the offences Under Sections 302, 394 and 396, I. P. C and Section 27, Indian Arms Act and he was sentenced to death for the offence Under Section 302, I. P. C, to undergo R. I. for ten years Under Section 394, I. P. C. for two years R. I. Under Section 326 read with Section 34, I. P. C. and for four years Under Section 27, Indian Arms Act. Appellant Dharampal was convicted of the offences Under Sections 302 read with Section 34, I. P. C, 326 read with Section 34, I. P. C. and 394, I. P. C. and was sentenced to death, R. I. for ten years and R. I- for two years respectively. Appellant Avtar Singh was convicted of the offences Under Sections 394, 302 and 326, I. P. C. all read with Section 120-B, I. P. C. and he was sentenced to undergo life imprisonment for the offence Under Section 302 read with Section 120-B, I. P. C, R. I. for seven years for the offence Under Section 394 read with Section 120-B, I. P. C and for two years R. I. Under Section 326 read with Section 120-B, I. P. C The sentences were ordered to run concurrently. The learned Sessions Judge also made a reference for the confirmation of the death sentences awarded to appellants Vikram and Dharampal.

(2.) THE prosecution case was that on 16-12-1975, Shri Niwas Gupta (P. W. 2) was the Branch Manager, Central Bank, Khatauli. Ashok Jain (P. W. 3) was the Cashier of the same bank. Gauri Shan-ker was the peon and Budh Prakash was the Guard, Shri Niwas Gupta detailed Ashok Jain, Gauri Shanker and Budh Prakash to bring cash from. Muzaffarnagar. Accordingly, Ashok Jain was given a letter of indent which he presented at the New Mandi Branch o Central Bank at Muzaffarnagar on 16-12-1975 and obtained a cheque (Ext. Ka-1) from there. The three persons went to the State Bank of India, Muzaffarnagar Branch where Ashok Jain presented the Cheque of Rs. 7,00,000 (Seven lacs) before Bhagwan Das Bhatia, Deputy Head Cashier, State Bank, Muzaffarnagar {p. W. 1 ). After encashing the cheque, Ashok Jain kept the amount in a tin box which he had brought from Khatauli and he locked the box as well as the chain fastened around it. They went to Roadways Bus station, Muzaffarnagar on a rickshaw. They boarded a roadways bus there at 1,30 p. m. They reached Khatauli bus stand at 2. 15 p. m. Budh Prakash, Guard, who was armed with a gun, was first to get down from. . the bus. Thereafter Gauri Shanker peon removed the cash box from the bus. Ashok Jain was the last to get down. As he proceeded a few steps in order to engage a rickshaw, he heard reports of gun shots. Turning round he saw Budh Prakash guard falling down and a person armed with a stengun firing a shot. The latter fired more shots killing Gauri Shanker peon and injuring Ali Jan (P. W. 4), a passenger in the bus, while he was getting down. A companion of the person armed with the sten-gun picked up the gun of Budh Prakaeh, hung it up on his shoulder and he also picked up the cash box. Both the persons thereafter went away towards Muzaffarnagar on Motorcycle No. USV 2752 Java of black colour. Those very persons had overtaken the bus near octroi out-poet, Khatauli.

(3.) ASHOK Jain conveyed an information of the incident by means of telephone to Shri Niwas Gupta, Branch Manager, Central Bank, Khatauli who in his turn gave information to Police Station, Khatauli by telephone. Shiv Raj Singh (P. W. 12) Head Moharrir, Police Station Khatauli prepared a check report (Ext. Ka-9) on its basis and registered a case.