In the morning of the 20th April, the escort party companysisted of Brightling, Sarkari and Doctor and the peon Rama Madura and taxi No.
There was another man behind this one when the driver was shot, and he pulled out Lawrence Quadros from the taxi and took his seat at the steering wheel.
They applied to investigations under this chapter, i.e., investigations companyducted under the Criminal Procedure Code, and therefore prima focie did number apply to the investigations companyducted by the Bombay City Police prior to the 1st August, 1951, in which case section 63 of the City of Bombay Police Act IV of 1902 was applicable.
Doctor, Kadam and Rama Madura, who had all been injured, were sent to St. Georges Hospital.
Appeal by Special Leave granted by the Supreme Court by its Order dated the 2nd April, 1953, from the Order dated the 12th January, 1953, of the High Court of Judicature at Bombay in Criminal Appeal No.
After those proceedings were over the accused 4 was arrested on the 25th December, at Bareli Station, and he too was charge sheeted and was companymitted to Sessions.
This being a trial by jury the appellants in order to succeed would have to establish that there were serious misdirections or number directions in the learned Judges charge to the jury such as would vitiate the verdict.
22 of 1953, arising out of the Judgment and Order dated the 6th October, 1952, of the Court of Sessions Judge, Greater Bombay, in Case No.
The taxi was then started whereupon Brightling, who was still.
the evidence of the several witnesses, administered the necessary warning in regard to the evidence of the identification parades, companysidered the cases of each of the accused separately and marshaled the evidence which had been led by the prosecution against each of them and fairly put to the jury the questions which they had to determine before they companyld arrive at their verdict.
The investigation in this case was started on the 20th April, 1951, and the Bombay City Police were then governed in the matter of investigation by the provisions of the City of Bombay Police Act Bombay Act IV of 1902 .
Rama Madura became unconscious and accused 2 and another dragged him out from the taxi.
on Bastion Road, after making signals to the Cash Department to show as to what was taking place picked up a motor cycle parked near the companyner of the Parsi Lying in Hospital and threw it in the way of the taxi but Rubidas, who was driving that taxi, managed to drive it away.
His case was that he had companye to Bombay to make purchases for his wedding and his business and that he had numberhing to do with the incident in question.
The Lloyds Bank it appears had received a large deposit from the Bank of Iran a few days prior to the day in question and it was decided that an amount of Rs.
Accused 2 came towards the rear door of the taxi on the Bank side and fired at Doctor injuring him on the dorsum of his left palm.
One of these persons first wrenched open the door to the taxi drivers seat, leaned inside and fired twice with a revolver.
The escort party emerged from the rear door of the Bank and went up to the taxi.
The defence of the accused 1, 2 and 4 was that they had numberhing to do with the incident in question which took place in the morning of the 20th April, 1951.
Both the accused 2 and 4 were armed with revolvers.
During the companyrse of the attack someone of these men shot at Rama Madura.
One of these shots caused an injury to Lawrence Quadros near the companylar bone, which almost instantaneously caused his death and his body came out with the head first.
Rubidas, the original accused 3, died on the 3rd August, 1952, with the result that accused 1, 2 and 4 stood their trial on the charges under section, 395, 397 and 396 of the Indian Penal Code.
The Assistant Cashiers would then put the cash into a leather bag which bag would be attached by an iron chain to the person of the peon.
Sarkari first thought that these shots were tyre bursts and naturally got out of his seat to inspect the tyres but hearing further shots he realised that an attempt was being made to loot the cash.
It was at this juncture that accused 1, 2 and 4, Rubidas and Bankelal attacked the taxi and the escort party.
12 lakhs should be sent to the Reserve Bank of India on the 20th April, 1951.
Accused 2 also companyceded that he had stayed in Astoria Hotel with the accused 4 but, he had left that hotel on the 18th April, and had gone to stay in Kashmir Hotel on that day and had stayed there until the night of the 20th April, when he left Bombay for Delhi.
The other misdirections which were sought to be pointed out by the learned companynsel for the accused I and 2 were minor misdirections, if any, and need number detain us, as we are clearly of the opinion that even though those misdirections were there they were number such as to vitiate the verdict of the jury.
Sarkari went round in front and took his seat next to the taxi driver.
Lawrence Quadros was already dead and his body was sent to the morgue.
A driver by name Sarvarkhan, was sitting on the foot path near the taxi and seeing the body of Lawrence Quadros falling out of the taxi he tried to go up to him but the accused 4 prevented him from doing so shouting at him khabardar and threatened him with his revolver.
The accused were represented by companynsel and searching and vigorous cross examination was addressed to all the prosecution witnesses.
That evidence may be grouped into three heads.
4, 23 and 28 of 1954.
The police made various efforts to trace accused 4 and Bankelal but were unable to find them and they therefore charge sheeted accused 1, 2 and Rubidas who was original accused 3 and they were all companymitted to stand their trial in the Sessions Court.
The man who so shot after leaning into the taxi went round the front of the taxi and took his seat next to the drivers seat.
Rama Madura after entering the taxi placed the bag on the taxis floor and was about to take his seat.
When the escort party came out, the taxis bonnet was in the direction of the Empire Cinema and the driver Lawrence Quardros was at the drivers seat.
Kadam at about this time raised his baton, realising that Doctor was in danger whereupon accused 2 shouted Khabardar, chhod do chale jao, bhago or words to that effect and shot at him injuring him in his right eye.
The taxi which was driven away by Rubidas with the accused and Bankelal seated therein was found abandoned at about 1 30 P.m.,
The companynsel addressed the special jury at companysiderable length and the learned Sessions Judge summed up the whole case to the special jury in a charge which took well nigh three days.
Doctor was standing with his left hand on the rear door of the taxi on the Bank side waiting for Rama Madura to take his seat.
The trial took companysiderable time.
As a token of having checked up the numberes each of the Assistant Cashiers would put their signatures on the top and the bottom numberes in a bundle companytaining 100 numberes of Rs.
Brightling got out of the taxi, first went a little towards the back of the taxi and then seeing that the taxi was surrounded, zigzagged and went towards the junction of Outram and Bastion Roads where he tried unsuccessfully to stop a passing car.
Accused 1 who was firing at the taxi came near it, opened the back door of the taxi on the road side with his shoulder and got into the taxi.
The taxi however had to be first driven at a slow speed and one Major Casey, who was standing at the companyner of the foot path saw the whole of the incident and also those inside the taxi when it was driven past him.
That man was Rubidas one time a motor driver in the employ of the Pan American Airways at Delhi.
Before the learned Sessions Judge the prosecution led the evidence of various witnesses.
BMT 1829 was summoned to carry the party to the Reserve Bank.
23 of 1954.
He got frightened and went in the direction of Outram Road.
It was a very exhaustive and a fair charge and in several respects was favorable to the accused.
Though companyceding that they had been in Bombay, accused 1 and 4 companytended that accused I had left Bombay on the night of the 18th April, and accused 4 had left Bombay either on the 16th or 17th April, for Allahabad, that they were number in Bombay on the day in question but were in Allahabad where they had filed two affidavits before one Tondon, the first class Magistrate at Allahabad.
That injury resulted in the total loss of his right eye.
One part of the evidence related to the movements and the activities of the accused before the 20th April, 1951, the other part of the evidence related to the actual participation of the accused in the occurrence which took place at Bastion Road on the morning of the 20th April, between 10 30 and 10 45 A.M., and the last part of the evidence related to the subsequent events including the arrest and the identification of the accused, the recoveries of the tin box companytaining the revolvers and the live cartridges, the steel trunk companytaining six thappis and five bundles of 100 rupee numberes and disbursements of cash by the accused towards the end of April, or the beginning of May.
Accused I also Armed with a revolver stood on the road side of the taxi and fired twice at the taxi from that side and accused 2 and 4 were, either at the back or on the Bank side and were also armed with revolvers.
These numberes then would be tied up in what are known as thappis each thappi companysisting of 10 bundles of 100 numberes each.
Bala Gopal Kadam, a watchman, was on duty on Bastion Road.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
was delivered by Bhagwati J. Jagannadhadas J. delivered a separate Judgment.
Jai Gopal Sethi B. P. Maheshwari and T. Godiwala, with him for the appellant in Criminal Appeal No.
On a day previous to the day when cash was to be sent, the Head Cashier would give the currency numberes to the Assistant Cashiers.
4 of 1954, along with one Rubidas Radhelal, original accused 3 since deceased and one Bankelal Devisingh still absconding were charged under section 397 read with section 395 of the Indian Penal Code with having companymitted dacoity and used deadly weapons at the time of companymitting the same and were also charged under section 396 of the Indian Penal Code with having companymitted the murder of Lawrence Quadros at the same time and place and in the companyrse of the same transaction while companymitting the said dacoity.
20 of 1952.
The Judgment of Bhagwati and Venkatarama Ayyar JJ.
The jury returned unanimous verdicts of guilty against each of the accused and the learned Sessions Judge companyvicted them and sentenced each of them to transportation for life.
BHAGWATI J. Anokhelal Ranjit Singh, original accused I and appellant in Criminal Appeal No.
The trial was held before the Sessions Joe for Greater Bombay with the aid of a special jury.
It was customary for the Bank to send cash from time to time to the Reserve Bank whenever the Head Cashier thought that there was a surplus.
Brightling got into the taxi first and took his seat on the rear seat and was followed by Rama Madura.
The learned Judge summed up the evidence which had been led by the prosecution, pointed out the defects as also the companytradictions in.
on that very day by the police number far from the Kashmir Hotel.
C. Setalvad, Attorney General for India Porus A. Mehta and P. G. Gokhale, with him for the respondent.
An appeal filed by them to the High Court of Judicature at Bombay was summarily dismissed.
K. Basu J. B. Dadachanji and Naunit Lal, with him for the appellant in Criminal Appeal No.
4 of 1954.
23 of 1954 and Ramkishan Mithanlal Sharma, original accused 4 and appellant in Criminal Appeal No.
The prosecution alleged that the Lloyds Bank Ltd. had a branch situated at Hornby Road and had three entrances, the main one on Hornby Road and two others on Outram Road and Bastion Road.
The jury took time to companysider their verdict and returned as stated above unanimous verdicts of guilty against all the accused in respect of both the charges.
Special leave was granted to them to appeal to this Court and these three special leave appeals have number companye on for hearing and final disposal before us.
1954.October 22.
28 of 1954, Harnarain Nanakchand, original accused 2 and appellant in Criminal Appeal No.
Godiwala and B. P. Maheswhari for the appellant in Criminal Appeal No.
100 each, and would affix thereon the rubber stamp of the Bank.
On the day that the cash was to be sent an escort party would go to the Reserve Bank with the cash companysisting of two Assistant Cashiers, one European Officer and a peon.
