R.K.NEHRU,J - (1.) THIS appeal has been directed against the judgment of conviction and order of sentence, both dated 23.7.1986 passed by Shri M.K. Bansal, the then Additional Sessions Judge, Chandigarh, whereby the appellant has been convicted for offences under Section s 392 and 397 of the Indian Penal Code and also under Section 27 of the Arms Act and as a result thereof sentenced in the following terms :- Under Section 392 read with Section 397 Indian Penal Code R.I. for seven years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo R.I. for six months. Under Section 27 Arms Act Both the sentences were directed to run concurrently.
(2.) THE prosecution case as it emerges from the evidence during the trial is summed up thus : On 23.1.1985 P.C. Nayar, PW-6 was the Officer Incharge of the Evening Counter of Punjab National Bank, Sector 28, Chandigarh, PW Raj Kumar was working as Peon, Randhir Singh PW was working as Cashier Incharge and Gurpreet Singh Batra PW-7 was working as cashier-cum-clerk. The closing time of the Evening Counter was at 7.00 p.m. After closing the cash, at the relevant time the employees were coming out from the back door of the bank counter, when two Sikhs armed with a revolver each came there. They threatened the employees to be killed if they raised any alarm. One of them stood at the gate keeping an eye on the employees while his associate took torch, Exhibit P-5 from Raj Kumar, PW peon of the bank. He asked the peon to open the door. After the door had been opened all bank employees were taken inside the main hall. That assailant demanded the key of the safe. When PW Randhir Singh told him that there was not much cash lying in the bank, he put his revolver on his right shoulder and threatened him with dire consequences if he did not hand over the key. PW Randhir Singh thereupon handed over the key to that Sikh gentleman. All these employees were then taken side the latrine while Randhir Singh PW opened the safe. The assailants took out the case lying in the safe and escaped from the back door after warning those employees not to come out of the latrine. After the assailants had left, the employees came out of the latrine and bolted the main hall of the bank from within. They contacted the police as also other officers of the bank. On receipt of information of the robbery, Subhash Sagar, PW-16 (SHO of the police station concerned) alongwith other polcie officials arrived at the scene of occurrence. He recorded statement, Exhibit PC of P.C. Nayar, PW-6 and sent it under his endorsement, exhibit PC/1 for the registration of the case to the police station. The case was registered under formal FIR Exhibit PC/2. This investigating officer then requisitioned the service of photographer Nafe Singh, PW-5 and got the spot photographed, during the course of which the photographer also photographed the finger prints noticed on the safe, as also on the table and torch, exhibit P-5 lying there by applying graphite powder on them. Finger prints on the safe and table could not be photographed as they were not clear. However, the photographs of finger prints on torch, Exhibit P-5, were very clear. The torch, Exhibit P-5, was sealed under memo. Exhibit PO. This investigating officer recorded the statements of the witnesses present there and deposited the case property intact with Muharar Mal Khana. On 24.1.1985. He also prepared the visual site plan, Exhibit PP of the spot. Wireless message was also flashed to different places about the concurrence and also about the description of the culprits in this case. Torch Exhibit P-5, was sent for opinion of the Finger Prints Bureau on 2.2.1985 and the prints were developed on this torch on 4.2.1985 as per report of the Finger Print Expert, Exhibit PO. On 6.2.1985 Sub Inspector Gurnam Singh, PW-15 went to Solan where, at that time, both the accused, namely Kharaiti Lal and Walaiti Lal were under arrest in a case relating to some case of robbery of Bank of Baroda branch at Kasauli and brought them to Chandigarh after obtaining their necessary remand. On 7.2.1985 both the accused were produced with their faces muffled before the Additional Chief Judicial Magistrate, Chandigarh, for arranging their test identification parade. On the direction of the Additional Chief Judicial Magistrate, Chandigarh both the accused were produced before the Executive Magistrate Shri T.C. Gupta, who remanded them to judicial custody with a view to arrange their test identification parade. On 12.2.1985 the test identification parade was conducted by Shri Anand Sharma, PW-1, during the course of which Shri P.C. Nayar, PW-6, identified the appellant as one of the culprits involved in the present case.
(3.) THEREAFTER the appellant was interrogated. He came out with his disclosure statement, Exhibit PE, to have kept concealed Rs. 10,000/- at the Saw Mills of his father-in-law besides a sum of Rs. 5,000/- on the roof of his house at Chandigarh. Thereafter both the accused managed to escape from the police custody. The appellant was ultimately rearrested on 27.2.1985 while his brother Walaiti Lal has remained un traced.;