MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -petitioners Mohinder Singh and Subhash have filed this revision against trial Court's order dated June 6, 1995, whereby it has framed charge under sections 120 -B/394/397 read with Section 120 -B of the Indian Penal Code against these petitioners along with other accused persons.

(2.) BRIEFLY stated, the prosecution case is that on July 25, 1994, Krishan Lal Verma, Cashier in the Karnal Depot of Haryana Roadways was going to deposit the earnings of the depot amounting to Rs. 8, 11,514.50 in the State Bank of India located in Shakti Colony, Karnal. He was accompanied by a gunman and a peon of Haryana Roadways. When they alighted from the bus and were going towards the Bank, they were ambushed by four young men, who came on two motor -cycles. Three of them were armed with country made pistols and the fourth one was having a knife. The gunman fired at the assailants but in the scuffle with the miscreants his gun was broken and he too sustained injuries. One of the miscreants snatched the bag containing cash from the chashier and thereafter they all left the scene of occurrence.

(3.) ACCORDING to the prosecution, these four persons were accused Mange Ram, Suresh Kumar, Jaipal and Manoj Kumar. The FIR was lodged by Krishan Lal on July 25, 1994. The case was registered under sections 394/397/201/120 -B IPC and sections 25 and 27 of the Arms Act. During investigation on July 25, 1994, one motorcycle used in this offence was seized. On July 26, 1994, accused Mange Ram and Suresh Kumar were arrested. A pistol and cash amounting to Rs. 3,11,514/ - were recovered from accused Mange Ram and one Pistal and Rs. 1,50,000/ - were recovered from accused Suresh Kumar. On July 26, 1994, accused Jaipal, Mohinder Singh and Subhash were arrested. One tractor was recovered from accused Jaipal. According to the prosecution, after committing this robbery the accused persons escaped on this tractor. One pistol was recovered from accused Mohinder Singh. During investigation other accused persons were also arrested. One motorcycle was seized from the possession of Ajmer Singh which was used for committing this robbery. One pistal and Rs. 1,70,000/ - were recovered from accused Vinay, one knife and Rs. 1,50,000/ - and a Maruti car were recovered from accused Manoj Kumar.