(1.) The above death reference appears to have arisen out of the judgment dated 30-7-1997 of the learned Sessions Judge, Jaipur District, Jaipur, whereby he convicted and sentenced accused Darbar Singh and Bakshi Singh as follows :-
(2.) The prosecution case can be summarised as follows. During the working hours in the State Bank of Bikaner and Jaipur, Khari Gram. Gulabpoura Branch robbery was committed on 5-4-1984. The intruders, who were 4 in number, entered into the bank premises, having fire arms in their hands and they forced the employees of the bank to part with amount lying in the bank as also their wrist watches. The intruders after looting the Bank while making their escape good fired a shot killing one person and injuring another outside the bank. They board a Fiat car (No. RRZ 3155) parked outside the Bank which was of a customer. While leaving the place of occurrence, they noticed one person going towards the Mayur Mill, which was situated near the bank. They chased him and fired a shot at him causing his death instantaneously. Thereafter, they ran away. The persons killed outside the bank and the gate of Mayur mill were Shri R.K. Chaudhary and Shri J.K. Jain, and the person who suffered murderous assault was shri J.C. Laddha.
(3.) The FIR of the occurrence Ex. P11 was lodged by Shri G.C. Jain, Manager of the Bank (PW 5) at 9.30 P.M. at P.S. Gulabpura, on which, a case under Sec. 379, 302, 394 and 397 IPC, was registered. During the course of investigation, the police inspected the site, prepared the inquest memo of the two deceased persons and interrogated various witnesses. Injured J.C. Laddha was taken to the hospital where his injuries were examined by Dr. D.K. Gupta. The post mortem examination of R.K. Choudhary and J.K. Jain was conducted by Dr. R.P.Kapoor who prepared the post mortem reports, Ex. P. 21 and P.22. The police arrested 5 persons, including the two appellants. The other persons arrested were Kamikar Singh, Swaran Singh alias Billu and Guru Sewak Singh alias Babla. The police succeeded in recovering some articles at the instance of the persons arrested. In the identification parade held during investigation, the witnesses identified the accused persons. During the course of investigation, accused Bakshi Singh, Sukhdeo Singh, Kamikar Singh and Darbara Singh desired to confess their guilt and therefore, they were produced before the Judicial Magistrates who recorded their confessional statements. After the completion of the investigation, the police submitted a challan against 5 persons, who were sent up for trial by the learned Magistrate vide order dated 4-5-1985.
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