STATE OF HARYANA Vs. BALVINDER SINGH

JUDGEMENT

(1.) THIS appeal against acquittal has been filed by the State of Haryana to challenge the acquittal of Balvinder Singh, Mohan Singh and Shokat Ali by the leaned Additional Sessions Judge, Faridabad who vide judgment dated December 17, 1990 had acquitted the accused of the charge under Section 395/397 I.P.C.

(2.) THE brief facts of the case are that on July 7, 1989 three employees of Kelvinator namely Suresh Kumar Cashier (PW 5), Sher Singh (PW 1) and Des Raj driver (PW 6) had gone to the Oriental Bank of Commerce, Faridabad and collected cash amount of Rs. 4.10 lacs and were returning to the company premises in a car DAQ 6798 carrying the cash. The amount was in two attache cases, one contained Rs. 1.10 lacs and the other contained Rs. 3.00 lacs. When their car, driven by Des Raj, had reached the premises of M/s Zenith Sewing Machine, its path was intercepted by Fiat car HYU 252. The car carrying Suresh and others stopped. From the intercepting car, three men came out, one of them fired a shot with a revolver at the driver shattering the window panes. That person also removed the ignition key of the car. Two others opened the rear doors of the car and snatched the two attache cases from Sher Singh and Suresh Kumar. After robbing the cash the robbers escaped in HYU 252.

(3.) IT was only on the night intervening July 27/28, 1989 that two of the accused namely Balvinder Singh and Mohan Singh were arrested by the Roshanara Road police of Delhi from a park in Kamla Nagar, Delhi. A country made pistol and some cartridges were recovered from the possession of Balvinder Singh and a knife from the possession of Mohan Singh for which they were separately prosecuted. On the basis of Balvinder Singh's interrogation, the investigating officer recovered Rs. 70,000/- in cash from Balvinder Singh's house in Tilak Nagar, New Delhi on the following day. However, Balvinder Singh also got car DLT 5947 recovered, which he had purchased for Rs. 27,000/- from out of the amount of his share of the robbed money. Similarly, Mohan Singh on interrogation led the police party to his house and got Rs. 30,000/- recovered from there. Balvinder Singh and Mohan Singh were transferred from Delhi to Faridabad police and were produced before the Judicial Magistrate, Faridabad on July 28, 1989. The Faridabad police arranged a test identification parade but the accused refused to participate in the proposed parade. Shokat Ali was arrested from his house in village Dhamada District Bulandshehar (U.P.) on August 1, 1989 and in the course of the search of his house of Rs. 70,000/- along with an attache case Ex.P1 was recovered. The cash amount was in seven bundles and bore slips of Oriental Bank of Commerce. Sheokat Ali was produced before the Judicial Magistrate, Faridabad on August 2, 1989 and he too declined to participate in the identification parade. On the basis of his interrogation on August 8 a country made pistol was recovered from his possession which he had got concealed in Khitwari.