RAM NARAYAN SINGH ALIAS NARAIN SINGH Vs. STATE

JUDGEMENT

(1.) THESE three appeals have been preferred by the three accused, namely DB Cr. Appeal No. 107/2002 by Ramnarayan Singh, DB Cr. Appeal No. 1029/2002 by Ramanand and DB Cr. Jail Appeal No. 159/2003 by Arvind Dubey, who have been convicted and sentenced by the court of Addl. Sessions Judge (Fast Track), Bhilwara in Sessions Case No. 73/2001 as under :- Name of accused Conviction and Sentence Ram Narayan Singh @ Narayan Singh (i) Under Section 302/120b IPC sentenced to imprisonment for life and a fine of Rs. 30,000/- and in default to undergo further undergo rigorous imprisonment for 3 months. (ii) Under Section 397 IPC sentenced to 10 years rigorous imprisonment and a fine of Rs. 2,000/- and in default to further undergo rigorous imprisonment for 2 months. (iii) Under Section 394 IPC sentenced to 10 years rigorous imprisonment and a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for 2 months. Ramanand (i) Under Section 302/120b IPC sentenced to imprisonment for life and a fine of Rs. 30,000/- and in default to undergo further undergo rigorous imprisonment for 3 months. (ii) Under Section 394/120b IPC sentenced to 10 years rigorous imprisonment and a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for 2 months. Arvind Dubey (i) Under Section 302/120b IPC sentenced to imprisonment for life and a fine of Rs. 30,000/- and in default to undergo further undergo rigorous imprisonment for 3 months. (ii) Under Section 394/120b IPC sentenced to 10 years rigorous imprisonment and a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for 2 months. (iii) Under Section 3/35 of the Arms Act sentenced to 7 years rigorous imprisonment and a fine of Rs. 1,000/- and in default to undergo 1 month's rigorous imprisonment.

(2.) BRIEF facts of the case are that a first information report Ex. P/14 was submitted by PW-9 Ashok Kumar Burad, the then Branch Manager, State Bank of Bikaner and Jaipur, Branch Industrial Area, Biliya of District Bhilwara to the SHO, Pratapnagar on 21. 4. 1997 stating therein that his bank's Chief Cashier, Umeshchandra Sharma, alongwith Guard Samrath Singh Rathore proceeded to deposit Rs. 2,70,000/- in the Bhilwara Branch of their bank i. e. , State Bank of Bikaner and Jaipur and they were carrying Rs. 2,70,000/- of denomination 500x98, 100x2000, 50x400 and 10x100, out of which currency notes of Rs. 500, which were in number 98 were not stitched and rest of the currency notes were stitched in separate packets. When said Umeshchandra Sharma, Chief Cashier and Guard Samrath Singh came out from the bank and sent a Class-IV employee of the Bank Ramchandra Lakhara to fetch a three-wheeler, three persons came on scooter, out of which, two dropped down from the scooter and after showing pistol, snatched the bag of the currency notes from the hands of Chief Cashier Umeshchandra Sharma and both ride over the scooter with other who was already ready on scooter and all three started towards main road on scooter. The Chief Cashier Umeshchandra Sharma and the Guard Samrath Singh shouted and ran after the above three persons and they tried to throw some stones over the accused. While running, the accused persons' scooter collied with one electric pole and because of which all the three fell down. Guard Samrath Singh caught one of the assailants and instantly there were two fires, which hit the Guard Samrath Singh and Gaurd Samrath Singh died there. Because of that, the person who was caught by Guard Samrath Singh could escape and all three ran on the scooter with the currency notes referred above. It is stated that all three accused were of the age in between 25 to 30 years.

(3.) ACCUSED statements were recorded under Section 313 Cr. P. C. wherein they denied all the allegations and stated that they have been wrongly implicated in the false case.