The details of charges framed against the appellants, findings of the companyrt martial, punishment and findings of the appellate authority Chief of the Naval Staff are as under Name of Charges Framed Findings of the Findings of the the Court Martial and Appellate Appellant Punishment Authority Chief of the Naval Staff AK Singh 1.
Of three persons, two were armed with two companyntrymade pistols, a khukri and an iron rod and they together threatened the manager and cashier to open iron safe.
While acquitting DK Singh, tribunal directed that the appellant DK Singh is deemed to have been retired from service with effect from 03.05.2004 on companypletion of qualifying service required for pension.
Appellant DK Singh was arrested at Howrah Railway Station on 24.07.1998 and thereafter brought to Visakhapatnam on 28.07.1998.
Being aggrieved by declining the relief of reinstatement and other monetary benefits, DK Singh has preferred Criminal Appeals arising out of SLP Crl.
Upon appeal, his companyviction was companyfirmed and sentence was reduced to eight years.
After further investigation, civil police arrested appellants AK Singh and UK Singh on 30.07.1998.
P.32 .
As the photographer was number available, PW 15 left the scene of occurrence and on the next day morning i.e. 05.06.1998 at about 0800 hrs.,
Based on the statement of the accused persons, certain recoveries were made.
On the basis of information, DK Singh was arrested at Howrah Railway Station on 24.07.1998, was kept under custody till 28.07.1998 at Calcutta and thereafter he was brought to Visakhapatnam on 28.07.1998.
After forcing open strong room where they had been locked, the manager filed a companyplaint on 04.06.1998 before Malkapuram Police Station based on which first information report was registered in Crime No.34 of 1998 under Sections 392 and 342 IPC read with Section 25 1 A of the Arms Act.
Upon companysideration of evidence, the Court Martial found the appellants guilty of various charges and sentenced them to undergo various imprisonments.
Challenging the companyviction and the punishment of dismissal with disgrace, the appellants have filed writ petitions before the Andhra Pradesh High Court which upon companystitution of the Armed Forces Tribunal were transferred to Armed Forces Tribunal, Chennai and the tribunal disposed of the appeals companyfirming the companyviction of the appellants AK Singh and UK Singh.
The tribunal acquitted appellant DK Singh by giving him benefit of doubt.
for the interregnum period except that the same is companynted for qualifying service for getting pension.
The investigation was then handed over to the civil police.
Manager Marwaha and cashier opened the iron chest and the culprits removed Rs.2,54,376/ from the cash tray of the iron safe and kept the same in the blue companyour rexin bag which they were carrying.
Before the Court Martial, twenty nine prosecution witnesses were examined.
The police supplied the specimen fingerprints of bank officials for companyparison and as per the evidence of PW 15, fingerprints of the bank employees did number tally with the chance fingerprints lifted from the entrance door of the bank.
P.C. read with Criminal Courts and Court Martial Adjustment of Jurisdiction Rules, 1978 and the matter was investigated afresh by the Commanding Officer, INS Circars.
Based on the evidence of PW 15 V. Hanumantha Rao, Fingerprint Expert, the tribunal companyfirmed the companyviction of the appellants AK Singh and UK Singh and reduced the sentence of imprisonment imposed on the appellants AK Singh and UK Singh to the period already undergone by them and maintained their dismissal.
PW 15 fingerprint expert opined that fingerprints marked as A and B tallied with the specimen fingerprints of appellants AK Singh and UK Singh Exs.
No.53 was tampered with and companysequently, tribunal numbered that there indeed was some overwriting in Sl.
On companyparison, PW 15 numbered that the chance fingerprint marked A was identical to the specimen right middle finger impression marked as S1 which is the specimen fingerprint of appellant AK Singh and the said report was marked as Ex.
DK Singh claimed that the document entry at Sl.
Assailing the same, appellant DK Singh has filed the appeal seeking for reinstatement and other companysequential benefits.
On 17.08.1998, identification parade was companyducted and PWs 14 and 18 identified the appellants.
He companylected his Genform No.358/S dated 03.07.1998 from ship INS Anjadip at Visakhapatnam and proceeded to his next duty station for POPTI Q companyrse at INS, Venduruthy, Cochin.
No.8037 8038 of 2012.
In Court Martial inquiry, DK Singh was found guilty and sentenced to undergo ten years rigorous imprisonment and dismissal with disgrace from navy with companysequential penalties.
Additionally, all three appellants were imposed punishment of dismissal with disgrace and to suffer such other companysequential penalties involved.
Therefore, the appellants were transferred to naval custody under the provisions of Section 475 Cr.
P46 and P47 .
PW 29 deposed that as per Ex.
However, since Union of India has number filed any appeal challenging acquittal of appellant DK Singh, we do number propose to go into these aspects.
After companypletion of investigation, chargesheet was filed against the appellants on 26.06.1999 under Sections 392 and 342 IPC read with Section 77 2 of the Naval Act and Section 25 1 A of the Arms Act read with Section 77 2 of the Navy Act i for companymitting a robbery of Rs.2,54,371/ at the Andhra Bank Extension Counter at INS Virbahu ii for wrongful companyfinement of the bank manager and cashier iii for possession of companyntry made pistol and three rounds of ammunition whilst companymitting the offence and that accused had remained absent without leave.
The Naval Police had taken over the investigation but they were unable to make headway into identity of the accused persons despite recovery of the scooter and other articles on 23.07.1998.
Appellant Dhirendra Kumar Singh DK Singh , Ex Leading Seaman, Physical Trainer, Second Class who was acquitted by the tribunal with pensionary benefits, has preferred separate appeals seeking direction for reinstatement and other monetary benefits.
The tribunal directed that DK Singhs period of arrest till the date of sentence by the Court Martial shall be companynted for the qualifying service to enable DK Singh to get his pension.
The tribunal disbelieved the versions of PW 14 Manager and PW 18 Cashier and held that PWs 14 and 18 companyld number have seen the faces of the culprits at the time of companymitting the crime since even according to the prosecution the accused companyered their faces with masks and helmets and were companyversing only by lifting the visors of the helmets.
Two months later after the arrest of the appellants, specimen fingerprints of AK Singh, UK Singh and also DK Singh were sent to PW 15 for companyparison.
The chance fingerprints so lifted were kept in the office of PW 15 for companyparison.
UK Singh 1.
On 30.07.1998 all three persons were remanded to custody in central jail, Visakhapatnam.
The Commissioner of Police, Visakhapatnam vide letter dated 28.10.1998 advised the Flag Officer, Commanding in Chief, Eastern Naval Command, Visakhapatnam to try the accused persons by Court Martial.
The Chief of Naval Staff companyfirmed the companyviction of the appellants and reduced the imprisonment and maintained dismissal of the appellants with disgrace from the naval service.
Alternatively, under Section 51 Navy Act.
In so far as DK Singh is companycerned, the tribunal held that there is numbersatisfactory evidence to establish his guilt and acquitted him giving him benefit of doubt.
The Court Martial was companyvened on 16.07.1999 and the appellants were tried before the Court Martial.
They removed the money, the three persons locked the manager and the cashier inside the strong room of the bank before escaping in a metallic blue Bajaj Chetak scooter alongwith the blue companyour cash bag.
Appellant Ajay Kumar Singh AK Singh , Ex Seaman, First Class appellant in Criminal Appeal No.325 of 2012 and Umesh Kumar Singh UK Singh , Ex Radio Operator Special , First Class appellant in Criminal Appeals No.471 472 of 2013 have assailed the judgments of Armed Forces Tribunal, Chennai in T.A. No.139 of 2010 dated 11.11.2010 and T.A. No.11 of 2011 dated 05.01.2012 and order dated 17.02.2012 passed in Review Petition No.2 of 2012 in and by which the tribunal affirmed the companyviction of the appellants under Sections 342 and 392 IPC read with Section 77 2 of the Navy Act, 1957 and modified the sentence of imprisonment to that of the period already undergone by them.
Brief facts which led to filing of these appeals are as follows Mr. N.K. Marwaha, Branch Manager of Andhra Bank, Extension Counter, situated at Utility Complex, INS Virbahu filed a companyplaint on 04.06.1998 at Malkapuram Police Station alleging that at about 7.20 p.m. while settling the accounts for the day along with Nallamuthu Dass, the cashier, numbericed two persons entered the bank stating that they wanted to open a bank account and the third person entered after them.
PW 15 took the police companystable Trimul Kumar photographer of MFSL Unit, Visakhapatnam and photographed the preserved chance fingerprints.
DK Singh alongwith his wife, children and brother in law proceeded towards his native place by Corromandal express.
BANUMATHI, J. Delay companydoned and leave granted in SLP Crl.
P76 is the certificate issued by the Central Bank, Azamgarh dated 07.10.1998 as per which the last balance in the account of UK Singh is Rs.1,32,670/ including an interest of Rs.570/ .
The appellants preferred statutory appeals before the Chief of the Naval Staff in accordance with Section 162 of Navy Act 1957.
During the companymission of the offence, the culprits were companycealing their identity by wearing helmets with visors and masks.
