HIGH COURT OF KARNATAKA (CIRCUIT BENCH AT DHARWAD)
RATHNAKALA, J.
Naga @ Nagarajegouda Amasegouda & Others – Appellant
Versus
The State of Karnataka – Respondent
Criminal Appeal No. 2701 of 2011
Decided On : 18-02-2015
Robbery - State Bank of India - Section 395 of IPC - Summary: The accused were convicted for committing robbery at a bank, where they threatened the staff and customers with weapons, looted cash, and locked the victims in a room before fleeing. The court discussed the evidence, including identification parades, recovery of stolen items, and witness testimonies. The defense challenged the identification process and the lack of corroborative evidence, but the court upheld the conviction based on the reliable testimony of the bank manager, the sole eyewitness. The court emphasized the importance of quality over quantity of evidence and the need for the accused to explain incriminating circumstances during their examination. The conviction under Section 395 of IPC was upheld.
Fact of the Case:
The accused were convicted for committing robbery at a State Bank of India branch, where they threatened the staff and customers with weapons, looted cash, and locked the victims in a room before fleeing. The prosecution presented evidence including identification parades, recovery of stolen items, and witness testimonies. The defense challenged the identification process and the lack of corroborative evidence.
Finding of the Court:
The court upheld the conviction under Section 395 of IPC based on the reliable testimony of the bank manager, the sole eyewitness. The court emphasized the importance of quality over quantity of evidence and the need for the accused to explain incriminating circumstances during their examination.
Issues: The issues included the reliability of the identification process, the sufficiency of corroborative evidence, and the accused's failure to explain incriminating circumstances during their examination.
Ratio Decidendi: The court emphasized the importance of quality over quantity of evidence, upheld the conviction based on the reliable testimony of the bank manager, and highlighted the need for the accused to explain incriminating circumstances during their examination.
Final Decision: The appeal was dismissed, and the conviction under Section 395 of IPC with the prescribed sentence of ten years of rigorous imprisonment and a fine of Rs.25,000 each was upheld.
1. The appellants herein are the accused Nos.1 to 4 in S.C.No.275/2008 on the file of the Sessions Judge, Fast Track - 4, Belgaum. They are convicted for the offences punishable under Section 395 of IPC.
2. Briefly stated, on 01.12.2006, while the manager and his staff of State Bank of India, Chennammanagar Branch, Belgaum, were on their duty, at 10.30 a.m., 7 to 8 persons, posing themselves as customers entered the said bank; by wielding Pistol, Revolver and Chopper they demanded cash and dragged all the staff and the customers present in the hall to a corner. They took two of the officials / CWs.8 and 13 to the strong room and got the strong room forcibly opened through them. They looted the cash of worth Rs.8,00,000/-; after committing robbery, they put all the inmates of the Bank premises in the locker room, closed and bolted the room from outside, left the key of the locker room on customer pad and fled away with looted cash amount. On receiving information over mobile phone, the police arrived at the spot and received the complaint from the manager / CW.1. The case was registered for the offence punishable under Section 395 of IPC in Crime No.71/2006 and FIR was despatched to the Court. The Police Inspector / I.O. / CW.40 drew mahazaar in the presence of panch witnesses, recorded the statement of witnesses.
3. The Thilakawadi Police on 03.12.2006, received a message that an abandoned Car is parked in Marata Colony; the PSI rushed to the spot, noticed a Maruti Esteem Car bearing No.MH-14/ B-4952. When the Car was searched, a label of State Bank of India, Channammanagar Branch, Belgaum and receipts for Rs.18,500/- of Hubli Urban Co-operative Bank A/c. No.60470 deposited in the name of the Global Association were found. The Car with its contents was seized under a mahazaar.
4. When things stood thus, on a credible information, CW.32 / Circle Police Inspector, Mangalore Rural Circle on 21.08.2007, searched a bus coming from Melkar towards Mangalore. The second accused ofthis case was found in the bus with one suitcase. On enquiry and search, the PSI found gold ornaments in one plastic bag, in that suitcase. On further enquiry, second accused admitted that these are the ornaments looted from Chemmanur Jewellers, Bangalore. He was arrested along with properties and produced in the Konaji Police Station. During his interrogation, his complicity along with co- accused in the present case came to light. On 24.10.2012, the PSI of Udyambagh Police Station secured accused Nos.1, 3 and 4 under body warrant and produced them before the jurisdictional JMFC in respect of this case.
5. The PSI / CW.38 collected the FIR and voluntary statement of accused and other documents from Banasawadi Police Station, Bangalore and from Konaji Police Station. The accused Nos.1 to 4 were taken to police custody by the order of the Court and interrogated and their voluntary statements were recorded. The place were the Car used for commission of offence was parked was shown by accused No.4 and at his instance, a chopper was recovered which was hidden in the mud; accused No.1 produced another chopper which he had hidden under the mud at a distance of 20 feet from there. Accused No.4 took the police to his house at Thilakawadi, Marata Colony and from his kitchen he produced Rs.1,100/- currency notes and chits of State Bank of India, Channammanagar Branch, Belgaum. From the same house, accused No.1 produced 5 currency notes of Rs.100/- denomination with chits of State Bank of India, Channammanagar Branch. Accused No.2 from the same house produced a bundle of Rs.700/- with chits of State Bank of India, Channammanagar Branch. Accused No.3 also produced one bundle of currency notes amounting to Rs.700/-, with slips of State Bank of India, Channammanagar Branch, Belgaum. Above all said properties were seized under the same mahazaar / Exs.P.34 On the requisition of the Investigating Officer, the Tahsildar, Belgaum conducted identification parade. After th
Shivaji Sahabrao Bobade Vs. State of Maharashtra reported in (1973) 2 SCC 793
Yakub Ismailbhai Patel Vs. State of Gujarat reported in (2004) 12 SCC 229
Ravi Kapur Vs. State of Rajasthan reported in (2012) 9 SCC 284
Munshi Singh Gautam Vs. State of Madhya Pradesh reported in (2005) 9 SCC 631
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