DHARMINDER SINGH @ SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Dharminder Singh alias Sonu against the judgment and order dated 29.03.2011 passed by the learned Additional Sessions Judge (Ad hoc) Fast Track Court, Hoshiarpur whereby the appellant has been convicted for the offence punishable under Section 395 read with Section 397 of the Indian Penal Code ('IPC - for short). By a separate order passed on the same day, he has been sentenced to undergo rigorous imprisonment for seven years; besides, pay a fine of Rs. 5000/ - for the offence under Section 395 read with Section 397 IPC. The FIR (Ex. PD/1) has been registered on the statement (Ex. PC) of Bansi Lal (PW -4), Cashier of the Sugar Mill at Mukerian. The complainant stated that he was working as a Cashier at the Sugar Mill, Mukerian. The previous night i.e. on 30.11.2004, he was on duty in the shift from 12 midnight till 8.00 am with Mukhtiar Singh (PW -5) an Assistant and Sewa Singh (PW -1) a Guard. At about 2 -2.30 am at the dawn of the day, he (complainant) sent the guard (Sewa Singh PW -1) for getting tea from the canteen. The guard (PW -1) while leaving bolted the cash cabin from outside. Bansi Lal complainant (PW -4) was about to bolt the cash cabin from inside and at that time all of a sudden three young men in the age group of about 24 -25 years wearing caps on their head, with trimmed beards and one of them clean shaven and of medium height speaking in Punjabi stormed into the cabin. On getting in the cabin, two of them held their revolvers towards the complainant and the Assistant. They in a forceful voice threatened them to remain quite. The third person cut off the telephone cables and opened the trunk which was lying there and containing cash. They put cash amount of about Rs. 10 lacs in a white colour bag lying nearby after taking it out from the trunk. They further held out threats for not raising an alarm or else they would be killed. After robbing the cash, they ran out. The complainant Bansi Lal (PW -4) and Mukhtiar Singh (PW -5), Assistant raised an alarm that a robbery had been committed. On this other workers of the mill and the farmers who had come there and were standing for collecting payment and the Security Guards chased the culprits but it was quite dark at that time. On an alert being sent, all the outer gates of the Mill were closed by the Security Guards. The complainant and Mukhtiar Singh (PW -5) Assistant then informed Shri Anil Kumar Sharma, Personnel Manager of the Mill who further informed the police. A heavy force rushed to the spot immediately and after cordoning the Mill from all sides with the help of the complainant side, started a search of the Mill. The statement (Ex. PC) of the complainant was recorded by SI Swaran Singh, SHO of Police Station, Mukerian (PW -6). It was signed by Bansi Lal complainant (PW -4) in English and he asked for action being taken. Police proceedings (Ex. PD) were recorded by SI/SHO Swaran Singh (PW -6) at 5.10 am on 1.12.2004 which are to the effect that he was present at the Police Station and DSP, Mukerian informed him on telephone that payment for the sugarcane produce was being disbursed at the Sugar Mill, Mukerian and in the office a robbery had been committed. He (PW -6) was asked to immediately reach there along with a heavy force and cordon the Mill from all the sides and a search of the Sugar Mill yard be started because it had been informed that the robbers were amongst the farmers in the yard of the Mill. SI/SHO Swaran Singh (PW -6) on receipt of the said information gathered the force and along with Police officials in Government vehicles left for the place of occurrence. MHC at the Police Station was directed to send more force at the spot. On reaching the Mill, the place was cordoned and a search started. SI/SHO Swaran Singh (PW -6) himself inspected the place of occurrence and recorded the statement (Ex. PC) of Bansi Lal (PW -4) and as per his description of the incident, his statement was recorded which was read over to him and heard by him. He on accepting his statement signed the same in English, which was attested by SI/SHO Swaran Singh (PW -6). From the said statement, offence under Sections 395 /397 IPC; besides, Section 25 and 27 of the Arms Act were found to be made out. The writing containing the statement of Bansi Lal for registration of a case (FIR) was sent to the Police Station through Head Constable Gurdev Singh. On registering the case, the number of the case was asked to be informed. Special reports were asked to be sent to the officers concerned. The control room was also asked to be informed; besides, finger print expert and the dog squad were asked to reach the spot. SI/SHO Swaran Singh (PW -6) was busy at the spot in connection with the investigations. In terms of endorsement (Ex. PD/2) recorded by ASI Surinder Kumar, P.S. Mukerian FIR No. 216 dated 01.12.2004 (Ex. PD/1) was registered for the offences under Section 395 read with Section 397 IPC; besides, Sections 25 and 27 of the Arms Act.

(2.) DURING search of the Mill, Dharminder Singh (appellant) was arrested near gate No. 3 of the Sugar Mill. He tried to sit in a car bearing No. DL -8CJ -6895 make 'Santro' but he was apprehended and the car was taken in possession by the Police. Site plan (Ex. PE) of the place of occurrence was prepared by SI/SHO Swaran Singh (PW -6). The dog squad and finger print expert were also called. During search of Dharminder, one 9 mm pistol bearing No. 2121 (Ex. P1) along with three live 9 mm cartridges (Ex. P2 to Ex. P4) which were loaded in the pistol, made in England were recovered. Separate parcels of the pistol (Ex. P1) and the cartridges (Ex. P2 to Ex. P4) were prepared which were sealed with seal bearing impression 'SS' of SI/SHO Swaran Singh. These were taken in police possession vide memo (Ex. PF) in the presence of witnesses. The pistol (Ex. P1) was on the right side of the belt of the appellant. Currency notes of Rs. 80,000/ - were also recovered from a polythene bag, which was carried by the accused (appellant) in his right hand. The same were taken in police possession vide memo (Ex. PG). As per details given in Ex. PG, the notes were Ex. P5. During search of the car two live. 32 bore cartridges (Ex. P5/A and Ex. P6) (Exhibit P5 has been put on the currency notes and then again put on one of the .32 cartridge. Therefore, the cartridge is now described as Ex. P5/A) were recovered from the dash board of the car bearing No. DL -8CJ -6895. The same were taken in police possession vide memo Ex. PH. A parcel was prepared and it was sealed with the seal impression 'SS'. Three pieces of iron rods (Ex. P -9 to Ex. P -11) and two brass brushes (Ex. P -7 and Ex. P -8) were also recovered from the car. On arrest of the accused, arrest memo (Ex. PJ) and memo of personal search (Ex. PK) were prepared. Sketch of the above pistol before making its parcel (Ex. PL) was prepared. Site plan (Ex. PM) of the place from where the appellant was arrested was separately prepared. The statements of PWs were also recorded. One telephone receiver and a rear view car mirror were also taken in police possession vide memo (Ex. PN) from the place of occurrence which were produced before SI/SHO Swaran Singh (PW -6) by SI Balwinder Kaur, Finger Print Expert. Statements of witnesses were recorded. The 'Santro' car (Ex. P -12) that was recovered was taken in police possession vide memo (Ex. PO) in the presence of other witnesses. Recovery witnesses also signed the above said entire memos. On 05.12.2004 during interrogation the appellant Dharminder Singh, made a disclosure statement (Ex. PO/a) (mentioned as Ex. PO/a as earlier recovery memo is also mentioned as Ex. PO) which was recorded by SI/SHO Swaran Singh (PW -6) and was attested by ASI Surinder Kumar. After the investigation by SI/SHO Swaran Singh (PW -6), the investigation was conducted by another investigating officer.

(3.) THE learned Judicial Magistrate Ist Class, Dasuya vide her order dated 15.05.2006 from the police report found that a prima facie case for the offences under Sections 397, 395, 412 and 120 -B IPC; besides, Sections 25 and 27 of the Arms Act appeared to be made out. The offences under Sections 397, 395 and 412 IPC were exclusively triable by the Court of Session. As such, the case was committed to the learned Sessions Judge, Hoshiarpur for trial. The accused were directed to appear before the learned Sessions Judge, Hoshiarpur on 29.05.2006. The accused Manjit Singh alias Monu and Kulwinder Singh alias Raju were produced before the learned Judicial Magistrate Ist Class, Dasuya and a police report was filed against them on 18.8.2006. The case against them was also committed to the Court of Sessions Judge, Hoshiarpur by the learned Judicial Magistrate Ist Class, Dasuya on 23.08.2006 for 05.09.2006.