Ajay Kumar Singh vs Flag Officer Commanding & Ors

3. 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 complaint 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, noticed two persons entered the bank stating that they wanted to open a bank account and the third person entered after them. Of three persons, two were armed with two countrymade pistols, a khukri and an iron rod and they together threatened the manager and cashier to open iron safe. 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 colour rexin bag which they were carrying. 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 colour cash bag. During the commission of the offence, the culprits were concealing their identity by wearing helmets with visors and masks. After forcing open strong room where they had been locked, the manager filed a complaint 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. 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. The investigation was then handed over to the civil police. After further investigation, civil police arrested appellants AK Singh and UK Singh on 30.07.1998. Appellant DK Singh was arrested at Howrah Railway Station on 24.07.1998 and thereafter brought to Visakhapatnam on 28.07.1998. On 30.07.1998 all three persons were remanded to custody in central jail, Visakhapatnam. Based on the statement of the accused persons, certain recoveries were made. On 17.08.1998, identification parade was conducted and PWs 14 and 18 identified the appellants.

5. Before the Court Martial, twenty nine prosecution witnesses were examined. Upon consideration of evidence, the Court Martial found the appellants guilty of various charges and sentenced them to undergo various imprisonments. Additionally, all three appellants were imposed punishment of dismissal with disgrace and to suffer such other consequential penalties involved. The appellants preferred statutory appeals before the Chief of the Naval Staff in accordance with Section 162 of Navy Act 1957. The Chief of Naval Staff confirmed the conviction of the appellants and reduced the imprisonment and maintained dismissal of the appellants with disgrace from the naval service.

6. The details of charges framed against the appellants, findings of the court martial, punishment and findings of the appellate authority/Chief of the Naval Staff are as under:-

19. Facts leading to DK Singh’s arrest are slightly different from those of AK Singh and UK Singh. DK Singh was serving on Board alongwith other sailors in INS Anjadip, Visakhapatnam on 04.06.1998. He collected 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’ course at INS, Venduruthy, Cochin. DK Singh alongwith his wife, children and brother-in- law proceeded towards his native place by Corromandal express. 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. In Court Martial inquiry, DK Singh was found guilty and sentenced to undergo ten years rigorous imprisonment and dismissal with disgrace from navy with consequential penalties. Upon appeal, his conviction was confirmed and sentence was reduced to eight years. The tribunal acquitted appellant-DK Singh by giving him benefit of doubt. 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 completion of qualifying service required for pension. Assailing the same, appellant-DK Singh has filed the appeal seeking for reinstatement and other consequential benefits.

25. In the result, all the appeals are dismissed.

……………………..CJI.

(T.S . THAKUR) ………………………..J. (R. BANUMATHI) New Delhi;

July 13, 2016