- (1.) The present appeal is directed against the judgment and order dated 27.01.2009, passed by the Addl. Sessions Judge, (Ad hoc), Fast Track Court, Jalandhar, vide which the accused/appellants were convicted and sentenced to undergo rigorous imprisonment and to pay a fine as under:-- The facts of the case noticed by the trial Court in para No. 2 of the judgment which are as under:-- "That accused Manjinder Singh, Charanpreet Singh and Sakatar Singh were arrested by the police of P.S. Division No. 6, Jalandhar. ON 10.11.2005 Inspector Gurmit Singh of P.S. Division No. 6, Jalandhar, received information regarding the commission of dacoity in UCO Bank, Bhargo Camp, Nakodar Road Branch, Jalandhar. On getting the said information, the SHO accompanied by other police officials went to the Bank. There they met one Suresh Chander Makkar, Officer-cum-Senior Manager of UCO Bank, who suffered statement to them that on the date of the occurrence, he was sitting in his office and the other staff members were busy in their work. There were 15-16 customers in the bank and Sh.Malkiat Singh, Security Guard of the Bank was standing in the main gate. He was armed with 2 bore Gun. At about 3.15 P.M. one Sikh Gentleman of the height of 5'-8" having beard entered the Bank. He was having a pistol in his right hand. He started grappling with the security guard. In the meantime another youngman of the height of 6' wearing pant and shirt also entered the Bank. He was also armed with a pistol. He gave kick blows to the Security Guard. The first person placed the pistol on the head of the Security Guard and the taller man snatched the gun of the Security Guard. Thereafter other young-man of the height of 5'-6" wearing pant came into the block. He stopped near the main entrance. The taller man came into the office. He took the complainant to the place where the other staff members were sitting. Thereafter he threatened all the staff members that they will be killed. He also directed them to place their mobile phones on the table. All the staff members and the customers from the public conceded to his demand. Thereafter he searched each and every person and locked them in the strong room. Thereafter he took them to the cash room. One person kept standing outside the strong room with a pistol. Thereafter, they opened the safe lying in the strong room and took the cash in a bag. The person who was standing outside the strong room sent three more bags to them. They put the total cash in the bag and a cloth of yellow colour and they tied it in the shape of gathri (Bundle). They took all the cash with them and locked them in the strong room. They left the Bank after throwing the keys of the strong room in the Bank. After about half an hour the customers came to the Bank. They were knocking door from the inner side. A person enquire regarding the matter. Accordingly, they replied from inside that they have been locked in the strong room. The said person whose name was later on known as Mohit Sharma S/o. Vijay Kumar R/o Basti Sheikh took them outside. They verified the loss which came to Rs. 1,56,000/-, Rs. 63,20,120/- and they have also taken all bags full of cash from Satish Kumar s/o Chander Lal of Mohan Patrol Pump, Wadala Chowk, Jalandhar. The matter was reported to the police on telephone. They have told further that if the persons are produced before them, they can identify them. On the basis of this the formal FIR was registered and rough site plan was prepared. On completion of investigation, the challan was presented against the accused in the Court for trial."
(2.) Initially the challan was presented under Sections 392, 342, 506 and 34 of the Indian Penal Code, later on the case was committed to the Court of Sessions on finding that the case under Section 397 IPC was exclusively triable by the Court of Sessions.
(3.) Learned Addl. Sessions Judge (ad hoc) Fast Track Court, Jalandhar, after going through the record, framed charges under Sections 392, 397, 342 and 506 IPC against the accused, to which they pleaded not guilty and claimed trial.;