GURDEV SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment three appeals i.e. CRA -S Nos. 1875 -SB, 2229 -SB and 2360 -SB of 2007 are being disposed of. Since all these appeals have arisen from a common judgment of conviction, therefore, facts are being taken from CRA -S No. 1875 -SB of 2007.

(2.) FIR No. 122 dated 04.08.2003 was registered under Sections 392, 395 IPC, Police Station Siwan, Distt. Kaithal. Six persons were tried. Gurbaksh Singh S/o. Bir Singh was declared as proclaimed offender. As per prosecution case, complainant Ram Mehar reported the matter to Surinder Pal, Sub -Inspector/SHO, Police Station Siwan on 04.08.2003 that he was posted as Field Officer in Ambala -Kurukshetra Gramin Bank, Kangthali. He along with Balbir Singh Lathar, Bank Manager and Joginder Singh, Messenger were on duty in the Bank. At that time Guljar Singh and Vikram Singh (customers) were also present in the Bank. At about 12:45 p.m., two young boys entered the Bank and both were armed with pistols. One of them put his pistol on the temple of Ram Mehar and another put his pistol on the ear of Balbir Singh Lathar, Bank Manager. In the meantime two Sikh persons entered the Bank and thereafter all the said four persons locked Ram Mehar, Balbir Singh Lathar, Joginder Singh and two customers in the Strong room after getting it opened from Joginder Singh.

(3.) ON 03.11.2003 a wireless message was received from Superintendent of Police, Ferozepur by Superintendent of Police, Kaithal that during investigation of case No. 303/34/411 IPC, accused Gurprit Singh S/o. Sadhu Singh suffered disclosure statement regarding occurrence pertaining to FIR No. 122 under Sections 392, 395 IPC. According to disclosure statement, Gurprit Singh along with Gurdev Singh S/o. Nachhatar Singh, Harnek Singh S/o. Chet Singh, Gurbaksh Singh S/o. Balbir Singh (P.O.) and two other persons had committed robbery in the Gramin Bank, Kangthali.