DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals are directed against the judgment of the Additional Sessions Judge, Raisinghnagar dated April 26, 1985, whereby, the appellants have been convicted of the offences under Ss. 452 and 392, IPC read with Sec. 397 and Sec. 27 Arms Act. Under Sec-452, IPC , the appellants have been sentenced to 2 years rigorous imprisonment and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo one month's rigorous imprisonment. Under Sec. 392, I. P. C. read with Sec. 397, they have been sentenced to 10 years' rigorous imprisonment and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo six months simple imprisonment and under Sec. 27 Arms Act, two years rigorous imprisonment and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo one month's simple imprisonment. Jogendrasingh and Mithusingh have been further convicted under Sec. 25 Arms Act and have been sentenced to 2 years rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo two months' simple imprisonment. The appellants Jogendrarsingh and Mithusingh in criminal appeal No. 166 of 1985 and Darshansingh in Criminal Appeal No. 200/85 have been convicted of the aforesaid offences, as they committed Bank robbery on 6 9. 83 at about 12. 40 p. m.

(2.) THE prosecution case is that on 6. 9. 83, eight employees of the State Bank of Bikaner and Jaipur, Raisinghnagar Branch were working in the Bank. At about 12 40 p. m. three accused-persons entered into the Bank. First two Sardars entered into the Bank and asked the Bank employees to raise their hands, else they will fire shots. THEy were driven in the strong-room. THE third miscreant looted the cash from the counter. One Hardayal Mochi entered into the Bank after hearing commotion and he opened the strong room, whereby, the employees came out. Amriksingh Radio-wala and other persons rushed to the scene of occurrence. THEse persons had seen the three robbers running away. THEy made their escape good on 'yezdi' motor cycle P. W. I Santlal, Bank Manager gave telephonic message to the police station, Anupgarh, on which message, Shri Mahavir Prasad, A. S. I. (PW 13) reached the place of occurrence. A written report was then lodged by the Bank Manager Shri Santlal. It was reported that some vouchers, withdrawal forms etc. were not found and cash amounting to about Rs, 15,289/- was missing, when the Bank Manager and Shri Brij Mohan went to the cash cabin, they found one 100 currency note, 78 notes of Rs. 5/- denomination in a bundle and eight currency notes of Rs. 10/-denomination and some change. P. W. 13 Mahavir Prasad prepared the site-plan and site-notes and recorded the first information report Ex 19. THE Bank Manager had also informed on telephone to the police stations. Raisinghnagar as well as Vijaynagar. Manavir Prasad ASI then also send messages through wireless to the surrounding police stations. On receipt of information on phone, PW. 14 Maniram S. H. O. Shri Vijaynagar proceeded towards Bajuwala and he observed, three persons coming on a motor cycle from towards Salimpur He proceeded in jeep when he was at a distance of two furlongs the two pillion-robbers ran away from the motor cycle and when the driver of the motor cycle was running, an alarm was given that he will be shot dead. THEreupon he stopped. He was arrested. He discloses his name as Jogendrasingh. Near the motor cycle a bag was also found, which was full of currency notes. A 12 bore loaded pistol and 4 live cartridges were recovered from Jogendrasingh. Maniram then returned to the police station, Vijaynagar along with Jogendrasingh. While he was so returning, the Circle Officer, Rai Singhnagar met him on the way. THE circle officer then took him to the police station, Vijaynagar, where Jogendrasingh was handed-over to him along with recovered articles. Jai Narain A. S. I. (PW 16) also proceeded from the police station after receipt of the information. He reached at about 2 45 p. m. On Salimpur-Jaitsar road, he observed two persons running. THEy were then surrounded and arrested. One of them disclosed his name as Mithusingh and other as Darshansingh. From the person of Mithusingh. one loaded pistol was recovered. THEreafter, at the instance of the accused Darshansingh, motor-cycle was recovered. Thus within about 1-1/2 hour, the accused-persons were arrested and the bag containing the currency notes, pistol and motorcycle etc. were recovered. Necessary investigation was conducted and thereafter, a charge-sheet was presented against the accused-persons. Later on, the case was committed and ultimately tried by the Additional Sessions Judge, Raisinghnagar. Necessary charges were framed to which the accused pleaded not guilty and claimed trial. As many as 18 witnesses were examined by the prosecution. Statement of the accused-persons were recorded in which they denied the prosecution case. No evidence was led in defence. After hearing the arguments, the learned Additional Sessions Judge found the accused guilty. He convicted and sentenced them as aforesaid.

(3.) ACCORDINGLY, these appeals are partly allowed. The convictions of Jogendrasingh and Mithusingh for the various offence are maintained. However their sentences for the offence under section 392 read with Sec. 397, I. P. C. arc reduced to 7 years' rigorous imprisonment. With regard to all other offences, the sentences are also maintained. The conviction of the appellant Darshansingh for the offence under Sec. 27 Arms Act is set aside. His conviction for the offence under Sec. 397, IPC is also set aside, and his sentence for the offence under sec. 392, IPC is reduced to 5 years' rigorous imprisonment. Ail the substantive sentences of the appellants shall run concurrently. .