MAMAN SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) ABOVE two appeals have been filed by the appellants against the judgment of conviction dated 28.05.2012 and order of sentence dated 07.06.2012, passed by learned Addl. Sessions Judge, Rewari whereby the accused -appellants were convicted under Sections 392/34 I.P.C. and sentenced both of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. Both the appellants were also held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 3000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months under Section 25 of the Arms Act. Appellant Maman was also convicted under Sections 4 and 5 of the Explosive Substances Act, 1908 and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. All the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that on 07.07.2007, ASI Om Parkash received telephonic message about committing dacoity in Gurgaon Gramin Bank, Kapriwas, upon which, he along with other police officials reached Gurgaon Gramin Bank, Kapriwas where Rohtash Saini, Branch Manager of the Bank met him and presented application Ex. PA alleging therein that he along with other officials was busy for doing work. Customers Shadi Ram and Krishan Lal were also present at that time. At about 12.00 noon, two young boys with muffled faces armed with country made pistol entered the premises of the bank and looted a cash amount of Rs. 12,98,170/ - from Cashier Amar Singh at gun point. One of them, also hit the glass of the cabin with the butt of the weapon and thereafter, they fled away on their motorcycle standing outside the premises of the bank after closing the shutter at the main gate of the bank. The FIR under Sections 392/34 I.P.C. and Section 25 of the Arms Act was registered at Police Station, Dharuhera. During investigation, accused Parkash was arrested on 07.02.2010, whereas accused Maman was arrested on 12.02.2010. On interrogation of accused Maman, on the basis of disclosure statement, he got recovered weapon of offence and cash amount. During investigation, accused further made disclosure statement on 14.02.2010 that he had purchased country made pistols, some arms and ammunition after depositing Rs. 25,000/ - in the account of Constable Gautam and he also disclosed that he had purchased arms and ammunition through him and he had also purchased some arms and ammunition in the year 2007 from one Sohan Lal. Thereafter, accused Parkash suffered disclosure statement admitting his involvement in the present crime along with Maman regarding robbery. He stated that weapon used at the time of robbery was handed over to accused Maman. Thereafter, in pursuance of disclosure statement, accused Parkash got recovered the weapons of offence and cash amount. After necessary investigation, challan was presented against the accused -appellants.

(3.) THE learned trial Court, after appreciation of the evidence, convicted and sentenced the accused -appellant, as stated above.