Judgment

SEN, J. :- Appellant No. 1 Laxmi Raj Shetty is under sentence of death on his conviction under S. 302 of the Indian Penal Code, 1860 for having committed the murder of the deceased P.N. Gnanasambandam, Actg. Manager, of the Karnataka Bank, Main Branch" Madras by the First Additional Sessions Judge, Madras by his judgment and sentence dated October 28, 1985. He has further been convicted under S. 392 for having committed the offence of robbery of Rs. 13,97,900 from the strong room of the Bank and also under S. 449 for having committed house trespass with intent to commit the said robbery and murder. He has been sentenced to undergo rigorous imprisonment for a period of seven years on each of these counts and the sentences are directed to merge in the sentence of death. Appellant No. 2 Shivaram Shetty, father of appellant No. 1, a retired Sergeant Major of the Indian Air Force, re-employed as Security Officer, Karnataka Bank, Main Branch, Mangalore has been convicted by the learned Additional Sessions Judge under S. 212 for having harboured his son Laxmi Raj Shetty having known or having reason to believe that he had committed the murder of the Bank Manager and disappeared with a very large sum of money from the Bank and also under S. 411 for having with dishonest intention retained possession of the huge sum of Rs. 12,27,500 knowing the same to be stolen and sentenced to undergo rigorous imprisonment for a period of three years on both counts; the sentences have been ordered to run concurrently. On a reference by the learned Additional Sessions Judge, a Division Bench of the High Court by its judgment dated September 1, 1986 has confirmed the sentence of death passed on appellant No. 1 Laxmi Raj Shetty under S. 366 of the Code of Criminal Procedure, 1973 as also the conviction and sentences passed on him under Ss. 392 and 449 of the Indian Penal Code and those under Ss. 212 and 411 on his father Shiva Ram Shetty.

2. The Karnataka Bank has seven branches in the Metropolitan City of Madras, the main branch being at 171, Thambu. Chetty Street. In each branch there is a strong room for keeping the cash and other valuables. The Main Branch at 171, Thambu Chetty Street is on the first floor and the Regional Development Office at the second floor of the same building which belongs to the Bank, the ground floor being used for a car park and godown. The strong room in the main branch has a double locking system with two sets of keys. One set of keys i.e. including the master key remained with the officer next to the Manager and the second set with the officer next to him. The strong room could not be opened except by the use of both the keys. The total cash in the strong room on May 20, 1983 as per the entry in the Double Lock Register Exh. P. 10, was Rs. 14,26,113.70 in bundles of currency notes bearing the Bank seal MO 11 Series to MO 169 Series. This is borne out by the Cash Scroll Register Exh. P-8. The Cash Scroll Register was not kept under lock and key and used to remain on the table of PW 6 Smt. Shasikala, Officer and she has testified that the total cash to the end of that day was Rs. 14,26,113.70 and she handed over the amount to the Double Lock Officer. The assailant would therefore know by a look at the Cash Scroll Register as to the exact amount in the strong room on that day.

3. The topography of the Main Branch is given in the sketch plan Exh. P1. The Managers cabin is on the first floor at the north eastern corner. The central hall in the middle is empanelled with different counters and there is a big lounge outside facing the Managers cabin. The Bank officials used to sit in the central hall at their respective places while transacting the business of the Bank. The bathroom and the W. C. where the murder was committed, are on the south western corner. For going to the bathroom one has to cross the central hall, get into a foyer where the water cooler is kept and beyond it is the bathroom and W.C. Just across the f