RAJAN @ MINU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment, being passed in Criminal Appeal -S -1158 - SB of 2008, Rajan @ Minu and another Versus State of Punjab, besides this appeal, shall also dispose of, Criminal Appeal -S -1364 - SB of 2008, Rajan @ Minu Versus State of Punjab also, as both these appeals have arisen from a common judgment of conviction and order of sentence and involve common questions of fact and law.

(2.) FIRST Information Report No.102 dated 01.03.2006 (for short, 'the FIR') was recorded at Police Station, Sadar, Jalandhar under Sections 392, 394, 397 and 180 of the Indian Penal Code, 1860 (for short, 'IPC') and Section 25 of the Arms Act, 1959 (for short, 'the Arms Act') arraigning the appellants as accused. Case of the prosecution in the FIR was that Charanjit Singh, Manager, Centurion Bank, Punjab Branch, New Sabzi Mandi, Maqsudan (for short, 'the Bank), made a statement, Exhibit -PD, to the effect that on 01.03.2006 at about 02.00 p.m. business of the bank was going on as usual. Four clean shaven youths entered the premises of the Bank. One of them deposited an amount of Rs.300/ - for getting prepared a demand draft for Rs.220/ - payable to Tata Telecom, New Delhi. After deducting the amount of Rs.55/ - as draft charges, an amount of Rs.25/ -was returned to him. All the four boys sat on the sofa lying in the bank and started waiting for the issuance of draft. Thereafter complainant saw that one of the aforesaid boys caught hold of Sukhwant Singh, security guard of the bank and fired a shot from the pistol, he was carrying. The shot hit left shoulder of Sukhwant Singh. On receipt of injury, Sukhwant Singh fell on the ground. The boy who was armed with a pistol went towards Maninderpal Singh, Junior Officer of the Bank, who was sitting near the cash counter. Maninderpal Singh also fell down on the ground. Another boy came to the cash counter and started putting cash in a bag. Gagandeep Singh, Peon of the bank, while sitting on the ground under fear, struck against the button of the siren. As a result siren rang up. All the aforesaid four boys got panicked. Whatever cash they could collect, they collected it and ran away in a white Maruti Car towards Maqsudan Chowk. After the aforesaid boys ran away, the cash of the bank was checked and it was found to be deficient by Rs.1,56,500/ -. The boys had also taken away mobile phone of Harjot Kaur, working at Teller in the bank and mobile phone of a customer of the bank namely Jivanjot Singh.

(3.) ON the statement, Exhibit -PD, Investigating Officer made his endorsement and based thereupon a formal FIR was recorded against unknown persons. Security guard of the bank was shifted to Sacred Heart Hospital, Maqsudan.