MAMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since both these appeals have arisen out of the common judgment dated 19.03.2013 and order dated 22.03.2013 passed by the Ld. Additional Sessions Judge, Narnaul, the same are being decided by the common order.

(2.) These appeals are directed against the judgment dated 19.03.2013 and order dated 22.03.2013 passed by learned Additional Sessions Judge, Narnaul in Sessions Case No. 13/2010 by which the accused-appellants-Maman Singh and Hoshiyar Singh had been convicted under Sections 302, 392 IPC read with Section 397 and 34 IPC and the accused-appellant-Maman Singh had also been convicted under Sections 25 of the Arms Act and both the appellants had been sentenced to undergo rigorous imprisonment for life.

(3.) As per the FIR which was got recorded by the complainant-Bir Singh, who was working as Clerk-cum-Cashier at Gurgaon Gramin Bank Branch Balaha Kalan, on 13.08.2009 at about 9.30 AM, he had gone to the Bank for his duty. At that time, Ranbir Singh, Manager, Babu Lal, Field Officer and Amar Singh Saini, Peon had also come on duty for performing their routine jobs. Ranbir Singh, Manager had taken out an amount of Rs. 1,65,000/- from his safe custody and handed over it to the complainant. At about 10.30 AM, the complainant heard the sound of bullet fire and when he turned he saw that a young man aged about 25/26 years and about 5'10" tall with the 'middle size body' was coming towards the cash cabin after having fired upon Ranbir Singh, Manager. He entered the cash cabin and brandished the pistol and directed the complainant to hand him over the cash. The complainant saw that there was another companion who was present at the entrance of the bank alongwith pistol in his hand. Due to fear, the complainant handed over the cash bag, whereupon two assailants went out and escaped on a black colour Pulsar motorcycle. The Manager succumbed to his injuries on his way to hospital. The complainant stated that he could recognize them when they would be brought before him. Thereafter, it transpire that the appellant-Maman Singh was arrested in another case and during investigation of that case had confessed to the investigating officer (DSP Lal Singh PW21) about his involvement alongwith Hoshiyar Singh in the present case and also got recovered a weapon with the aid of which he had perpetrated both the crimes and also got recovered currency notes amounting to Rs. 7,50,000/-. Likewise, the appellant-Hoshiyar Singh was arrested in another case and during investigation he confessed to the investigating officer about his involvement in the present case alongwith his co-accused and also got recovered one bank seal.