JASMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs.1,000/- under S.397, read with S.392, Penal Code by the Additional Sessions Judge,. Gurgaon, vide his judgment dated 18th July, 1985. He has also been awarded two years' rigorous imprisonment under S.25, Arms Act.

(2.) What has been found established against him, by the trial Court is that on 29th November, 1983, at about 1.30 p.m. he along with his co-accused, Kirpal Singh, trespassed into the building of the Union Bank of India on New Railway Road at Gurgaon, and after using the firearms (revolvers) they robbed Head Cashier of the Bank, S.S. Raghav, of Rs. 38,148/-. At the time of this robbery, they also fired some shots with a view to frighten the Bank employees and the persons present there. However, while escaping, the appellant was overpowered and apprehended by some persons including Sub-Inspector Ram Parkash, P. W. 10 and Kishan Chand, P.W. 3, at a short distance from the Bank premises and the looted money to the extent of Rs. 37,648/- was also recovered from a Thaila' (Exhibit P.323) which the appellant was carrying at that time. These currency notes were the property of the Bank and were in the shape of stitched bundles (Exhibits P.1 to P.26) bearing the stamps and the slips of the Bank. Some currency notes were of course in lose form. This money was taken into possession in the presence of Kishan Chand, P.W. 3 and one Bharat Bhushan. Pistol Exhibit P.314 and a fired cartridge in its Chamber Exhibit P.324 besides other eight live cartridges, Exhibits P.315 to P.322 were also recovered from the Thaila Exhibit P.323 which the appellant was holding at that moment. The appellant had no explanation for the possession of the firearms. Report about this occurrence was immediately lodged with the Police by Shri Naurang Rai, P.W. 2 who was the officiating Manager of the Bank. As a result of the investigation that followed, Sub-Inspector Lala Ram P.W. 6, S.H.O. Police Station City, Gurgaon, took into possession the shell of the fired cartridge from a place which is just outside the building of the Bank. Since the appellant refused to join the identification parade, he was sent up for trial after the completion of the investigation.

(3.) At the trial, the above noted prosecution version was supported by S. S. Raghav, P.W. 1, Head Cashier, from whose cabin the entire amount had been looted, Shri Naurang Rai, P.W. 2, the officiating Manager of the Bank, Kishan Chand Chhabra, P.W. 3 and Ram Parkash, Sub-Inspector, P.W. 10, who along with others had apprehended the appellant.