HARDEV SINGH Vs. STATE

JUDGEMENT

(1.) By this judgment I dispose of two Criminal Appeals, namely Cr. A. No 55 and 66 of 1994. These two appeals have been filed by accused Hardev Singh and Ashok Singh against the judgment and order of the learned Addl. Sessions Judge, Una dated 23 -5 -1994 passed in Sessions Case No. 3 of 1991 Before the learned trial Court, three accused, namely, Jasbir Singh, Ashok Singh and Hardev Singh were booked for trial under sections 392/397 read with section 34, I. P C They were also charged under section 25 of the Arms Act It appears from the judgment that accused Jasbir Singh was earlier acquitted The learned trial Court found both the present accused appellants guilty under sections 392 and 397 read with section 34, L R C. and they were convicted and sentenced under each section to suffer rigorous imprisonment of seven years and a fine of Rs. 2,000 each, in default to undergo farther rigorous imprisonment for a period of four months. Accused persons were not found guilty under section 25 of the Arms Act. Hence the present appeals filed by both the accused persons separately, and the appeals were heard together.

(2.) The prosecution story in brief is that on 31 -1 -1991 at about 105 p.m. two Sikh persons entered into the UCO Bank at Thathal branch Both the accused persons have been subsequently identified as accused Ashok Singh and accused Hardev Singh Accused lardev Singh stood at the gate of the Bank while accused Ashok Singh asked the counter clerk as to who was the cashier of the Bank. The counter clerk identified himself as the cashier and accused Ashok Singh took out a pistol and thereafter came to the table of the Branch Manager Harbans Lal (PW 1) and kept a polythene bag on the table stating that it was a remote control bomb and if PW 1 raised alarm the same would be used. Thereafter the accused went to the cashier Ashwani Kumar (PW 2) and demanded the cash. At that time there were three customers in the bank and they were asked to stand near the wall with their faces towards the wall which they complied with. As per the direction of accused Ashok Singh, the cashier took out cash from the drawer and kept it on the counter and accused saw a raxine bag lying on the table of the cashier and on enquiry cashier PW 2 informed him that it was his personal bag. Accused Ashok Singh directed the cashier Ashwani Kumar (PW 2) to put the money in the said bag and thereafter accused Ashok Singh went to the table of the Manager Harbaas Lal (PW 1) and informed him that the remote control bomb could be used even from a distance of one Kilometer and if PW 1 wanted the same can be left on the table. PW 1 Harbans Lal asked the accused Ashok Singh to take the same which the accused did. While going the accused closed the flexible door of the Bank informing the personnel of the bank not to raise any alarm. Immediately after the departure of both the accused persons Manager Harbans Lal (PW 1) switched on the siren. According to the prosecution another clerk of the Bank Gursharan Singh went to inform the police and police came to the spot It is the case of the prosecution that while both the accused were running they were caught hold of by the villagers and in support two witnesses have been examined, namely, Vinod Kumar (PW 7) and Purshotam Dass (PW 8). The police after investigation submitted charge -sheet against the accused persons.

(3.) The plea of the accused is totally denial. Accused Ashok Singh in his statement under section 313, Cr. P. C. has stated that he was already arrested by Amb Police on 27 12 -1990 on the allegation that he was involved in a bomb blast in a bus at Chintpurni and thereafter he was handed over to the Punjab Police after 4/5 days Accused Ashwani Kumar has stated that the police had taken him from a shop in a vehicle. Accused Jasbir Singh has stated that he was coming back after offering his prayers at Baba Badbhag Singh Gurdwara and the villagers apprehended him when he alongwith other passengers got down from the bus on seeing people as to what had happened He has further stated that since he was a Punjabi speaking person, villagers caught hold of him. Accused Hardev Singh has stated that he has been implicated falsely by the police and all the witnesses have deposed falsely.