Ram Narayan Singh @ Narain Singh vs State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Raj) 666

[Citation : 2009(1) RLW (Raj.) 589]
(Rajasthan High Court)
Ram Narayan Singh @ Narain Singh Vs. State (Tatia, J.)
HONBLE PRAKASH TATIA, J.
HONBLE CHAND MAL TOTLA, J.
Ram Narayan Singh @ Narain Singh
Versus
State
D.B. Criminal Appeal No.107 of 2003, 1029 of 2002 and D.B. Criminal Jail Appeal No. 159 of 2003, decided on 22.05.2008

Advocates Appeared
P.N. Mohanani, Pradeep Shah & Rakesh Arora, for Appellants;
V.R. Mehta, Public Prosecutor

Headnote:Penal Code, Sec. 302, 397, 394 read with Sec. 120-B and Arms Act, 1959, Sec. 3/25 — Criminal conspiracy — The accused persons came on scooter — One of them snatched currency notes bag and drove away — Chased them — Scooter collided against lamp post and fell down — ne f them was caught but he shot dead the chaser — Held — As per Sec. 120-B IPC whosoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall be punished in the same manner as if he had abetted such offence — The act of murder of the deceased is not an independent and separate act nor it can be separated from offence of committing robbery — Under Sec. 394 IPC any other person jointly connected in committing or attempting to commit robbery shall be punished with imprisonment for life — Conviction maintained. (Paras 37 to 39)
       Appeal dismissed.
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Honble TATIA, J.— 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 months 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 banks 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. On receipt of the written report, FIR No.178/97 was drawn and case under Sections 302, 394, 397, 398 and 34 IPC was registered and investigation was started.

4. During investigation, seizure memo of the body of Guard Samrath Singh was prepared, his body was sent for postmortem and postmortem report was obtained and, thereafter,

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