JUDGMENT:

V.S. SIRPURKAR, J.

1. Leave granted.

2. Appellant herein one Praveen, son of Ramchander Sharma was convicted by the Additional Sessions Judge for committing the offences under Section 395 read with Sections 397 and 450 of the Indian Penal Code (for short IPC). Besides these offences, he was also found guilty for committing offence under Sections 25(1-B)(a) and Section 27 of the Arms Act. Along with the present appellant one other accused Harish was also convicted and sentenced for committing the same offences. Both of them filed separate appeals before the High Court. However, both the appeals were dismissed by a common judgment passed by the High Court. While Pravin, the present appellant (original Accused No.1) has come up before us by way of the present appeal, the other accused has not chosen to challenge his conviction. We, therefore, are left with the case of Accused No.1 alone. A few facts would be necessary.

3. A broad day-light dacoity took place on 8.9.2003 on Dena Bank situated at Bapat Chauraha, Indore. According to the complaint lodged by Ashok Kumar Dubey (PW-1), Branch Manager, Dena Bank, at about 12.20 in the noon, two unknown persons had entered in his cabin