- (1.) THIS judgment, being passed in Criminal Appeal -S -1158 - SB of 2008, Rajan @ Minu and another Versus State of Punjab, besides this appeal, shall also dispose of, Criminal Appeal -S -1364 - SB of 2008, Rajan @ Minu Versus State of Punjab also, as both these appeals have arisen from a common judgment of conviction and order of sentence and involve common questions of fact and law.
(2.) FIRST Information Report No.102 dated 01.03.2006 (for short, 'the FIR') was recorded at Police Station, Sadar, Jalandhar under Sections 392, 394, 397 and 180 of the Indian Penal Code, 1860 (for short, 'IPC') and Section 25 of the Arms Act, 1959 (for short, 'the Arms Act') arraigning the appellants as accused. Case of the prosecution in the FIR was that Charanjit Singh, Manager, Centurion Bank, Punjab Branch, New Sabzi Mandi, Maqsudan (for short, 'the Bank), made a statement, Exhibit -PD, to the effect that on 01.03.2006 at about 02.00 p.m. business of the bank was going on as usual. Four clean shaven youths entered the premises of the Bank. One of them deposited an amount of Rs.300/ - for getting prepared a demand draft for Rs.220/ - payable to Tata Telecom, New Delhi. After deducting the amount of Rs.55/ - as draft charges, an amount of Rs.25/ -was returned to him. All the four boys sat on the sofa lying in the bank and started waiting for the issuance of draft. Thereafter complainant saw that one of the aforesaid boys caught hold of Sukhwant Singh, security guard of the bank and fired a shot from the pistol, he was carrying. The shot hit left shoulder of Sukhwant Singh. On receipt of injury, Sukhwant Singh fell on the ground. The boy who was armed with a pistol went towards Maninderpal Singh, Junior Officer of the Bank, who was sitting near the cash counter. Maninderpal Singh also fell down on the ground. Another boy came to the cash counter and started putting cash in a bag. Gagandeep Singh, Peon of the bank, while sitting on the ground under fear, struck against the button of the siren. As a result siren rang up. All the aforesaid four boys got panicked. Whatever cash they could collect, they collected it and ran away in a white Maruti Car towards Maqsudan Chowk. After the aforesaid boys ran away, the cash of the bank was checked and it was found to be deficient by Rs.1,56,500/ -. The boys had also taken away mobile phone of Harjot Kaur, working at Teller in the bank and mobile phone of a customer of the bank namely Jivanjot Singh.
(3.) ON the statement, Exhibit -PD, Investigating Officer made his endorsement and based thereupon a formal FIR was recorded against unknown persons. Security guard of the bank was shifted to Sacred Heart Hospital, Maqsudan. During the course of investigation, blood from the floor of the bank was collected vide memorandum, Exhibit -PE. On that very day, complainant accompanied the police party to Jindan railway level crossing where the Maruti Car, which was used in the occurrence, was standing. It was taken in police possession vide memorandum Exhibit -PF, after preparing identification memorandum, Exhibit -PG. Demand Draft in question, Exhibit -P5, cash register, Exhibit -P6, draft voucher, Exhibit -P7, draft advice Exhibit -P8, attendance register of staff, Exhibit -P9 and computer generated statement of the cash in hand dated 01.03.2006, Exhibit -P10, were also taken in police possession. Accused Rajan and Vinod were arrested on 07.03.2006. From personal search of accused Vinod, one mobile phone set make Nokia 1600, and cash amounting to Rs.600/ - were recovered vide memorandum, Exhibit -PJ. From search of accused Rajan, one mobile phone set, make Nokia 2600, and cash amounting to Rs.4500/ - were recovered vide memorandum, Exhibit -PH. Bill of mobile phone of Harjot Kaur was also taken in possession. Statements of the witnesses were recorded and on completion of investigation and other necessary formalities, a report in terms of Section 173(2) of the Criminal Procedure Code, 1973 (for short, 'Cr.P.C.') was presented before the learned jurisdictional Magistrate who, after complying with the provisions of Section 207, Cr.P.C., committed the case to the Court of Session as the offence involved is exclusively triable by the Court of Session.;