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2012 Supreme(HP) 579
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Dev Darshan Sud, J.
Bhagat Singh - Appellant.
Versus
State of Himachal Pradesh - Respondent.
Cr. Appeal No. 393, 444, 484, 485, 486, 487, 527, 538, of 2010., Cr.Appeal No. 24 of 2011.
Decided On : 22.11.2012.
For the appellant :Mr.Anup Chitkara, Advocate with Mr.Chaman Negi, Advocate.
For the appellant :Mr. M.L.Sharma, Advocate.
For the appellant :Mr. Virbahadur Verma, Advocate.
For the appellant :Mr. Deepak Kaushal, Advocate.
For the respondent:Mr. R.P.Singh, Assistant Advocate General.
The intention and knowledge of the accused, as well as the circumstances of the act, are crucial in determining the commission of the offence under Section 307 of the Indian Penal Code.
Headnote:
Indian Penal Code - Offences - Sections 341, 342, 394, 395, 397, 353, 332, 307, 458, 380 - Arms Act - Sections 25, 54, 59 - Summary of Acts and Sections
Fact of the Case:
The case involved a theft at a bank where the bank manager was injured and a large sum of money was stolen. The accused were charged with various offences under the Indian Penal Code and the Arms Act.
Finding of the Court:
The court found the accused guilty of the charged offences based on the evidence presented by the prosecution. The court rejected the defense's arguments regarding contradictions in the evidence and upheld the conviction and sentencing of the accused.
Issues: The issues included the identification of the accused, contradictions in the evidence, and the applicability of specific legal provisions to the case.
Ratio Decidendi: The court emphasized that the intention and knowledge of the accused, as well as the circumstances of the act, are crucial in determining the commission of the offence under Section 307 of the Indian Penal Code. The court also highlighted the principles of evaluating evidence and the standard of proof required in criminal cases.
Final Decision: The court upheld the conviction and sentencing of the accused, rejecting the defense's arguments and emphasizing the importance of the evidence presented by the prosecution.
Dev Darshan Sud, J.
All these appeals are being disposed of by this common judgment as they arise out of the same judgment of the learned Sessions Judge in Sessions Trial No. 10-ST/7 of 2009. The appellants were charged for offences under Sections 341, 342, 394, 395, 397, 353, 332, 307, 458, 380 of the Indian Penal Code (hereinafter ‘I.P.C.’) and Section 25,54 and 59 of the Arms Act.
2. The prosecution case in brief is that in the early hours of 18.12.2008 at around 2.25 a.m., PW32 Kedar Singh Jindan, who was a resident of village Shillai informed PW35 S.I. /S.H.O. Sh. Jeet Singh that a theft had taken place in H. P. State Cooperative Bank, Shillai. The Station House Officer along with ASI Raj Mohamad and H.C. PW17 H.C. Mam Raj rushed to the spot. When they reached the bank building at Shillai, they found the shutter partly lifted and the cash chest of the bank missing. The room of the Bank Manager PW1 Sh. Sunder Singh Chauhan was bolted from the outside. PW35 S.I.Jeet Singh transmitted this information to all police post/Police Stations. On opening the room, PW1 Sunder Singh Chauhan, Branch Manager was found lying in the room in a badly injured condition. His statement under Section 154 Cr.P.C. Ext.PW1/F was recorded.
3. He stated that he was posted as Branch Manager in the bank since 2004. Two rooms were occupied by him as his residence and on the top floor, the bank was situated at the road level. On the evening of 17.12.2008, he closed the bank after business hours. One key of the lock remains with Deep Ram, Peon and the other with Branch Manager. At around 10.00 P.M. when he had gone to sleep after taking his meals, he heard some noise of the shutter being tampered with. He came out of the room when 4/5 unknown persons over-powered him. When he tried to raise a hue and cry he was hit with bricks on his head and he was tied up and dumped in the room and threatened that he would be killed in case he raises any hue and cry. The key of the bank locker was taken by them along with his mobile phone, one ring and some cash. During this time, one of the assailants, who was standing outside the room and the others entered the bank and removed the cash chest which was fixed in the wall. There were in all Rs.13,83,245/- in the chest constituting currency notes of Rs.5.5 lacs and Rs.8,09,661/- which amount was withdrawn by B.P.E.O. Office. This amount was stolen by them. Case under Sections 382, 341, 457, 380/34 I.P.C. was registered.
4. PW35 S.I.Jeet Singh telephonically informed HC Vijay Pal Singh, who was in Police Station, Paonta Sahib in connection with some official work. He was informed that a dacoity had taken place in the said bank whereupon he also joined in investigation at Police Post, Singhpura to participate in a ‘Nakka’ which had been set up there to apprehend the accused. ASI Raj Mohd along with Constable Chattar Singh was directed to proceed towards Minus situated at the boundary of Police Station, Shillai. The injured PW1 Sunder Singh was taken to the hospital for medical examination. The spot was inspected, photographs were taken, the bricks and one ‘Chappal’ lying on the spot were taken into possession.
5. PW35 SHO Jeet Singh was searching for the accused persons at villages Jamli, Nainidhar and Kafota etc, he received a telephonic information from PW3 ASI Kamal Nain that he had intercepted one vehicle in village Killaur with the accused persons in it. ASI Kamal Nain had received information about this decoity at 3 a.m. through wireless. When he reached the spot, he found PW3 Sh. ASI Kamal Nain, Constable Bahadur Singh, PW5 Constable Narain Singh, HHG Sarwan Kumar and other officials including HC Vijay Pal Singh and some local people were present on the spot. ASI Kamal Nain disclosed to him that when he was present at the Nakka at village Killaur, a Balero Camper bearing No. HP-17B-0449 which was being driven from Koti Ichhari was stopped by him. He asked the occupants to accompany him to the Police Post.
