Conviction upheld for bank robbery based on credible witness testimonies; sentence modified to imprisonment already served.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Mr. Venkateshwar Gopal, learned Amicus Curiae, Mr. Vikash Kishore Prasad, learned counsel appearing for the appellants and Mr. Abhay Kumar Tiwary, learned A.P.P. appearing for the State.

2. The instant appeal has been preferred by above named appellants for setting aside impugned judgment of conviction and sentence dated 05th October, 2002 and 7th October, 2002 respectively passed by learned Additional Sessions Judge, Fast Track, Court-II, Giridih in S.T. No.297 of 2000, whereby and whereunder the appellants have been held guilty for the offence under sections 392, 394 read with section 397 of Indian Penal Code and have been sentenced to undergo R.I. for 10 years for each offence, which are directed to run concurrently.

3. The appellants were charged for commission of offences under sections 394, 397 and 411 of Indian Penal Code and they have been acquitted for the charge under section 411 of IPC .

FACTUAL MATRIX:-

4. The factual matrix giving rise to this appeal is that on 23.05.2000 at about 13:00 hours, four miscreants entered into Allahabad Bank, Giridih Branch with revolvers and one of them opened fire, which hit the roof of the office, one of the miscreants having beard showed pistol to bank staff, Arun Kumar Sharma and in the meantime, another miscreants also arrived there. It is alleged that the beard person snatched the gun of the bank guard, namely, Ram Pratap Mishra and assaulted him with a butt of the revolver on head. Thereafter, the third miscreant went to the informant, Sushil Kumar Toppo and manager, Jay John Minz and held them on the point of revolver. It is further alleged that one miscreant entered into the cash counter threatening the cashier, Devendra Choudhary and robbed entire money available in the cash counter putting in a bag and started fleeing away through the stairs. It is further alleged that the informant along with bank employees ran towards the road side raising alarm and one miscreant having beard was apprehended with the bag of money robbed from the bank along with the gun of the guard. Several passerby also assembled and two other miscreants, who were fleeing away on a motorcycle were also apprehended. All the miscreants were handed over to the police, who disclosed their names as Arvind Kumar, Shambhu Kumar Pandey and Sanjay Kumar Pandey and also disclosed the name of their associate, who managed to flee away. All the three miscreants were found in possession of revolver and live cartridges. They were also assaulted by public. It is alleged that total cash of Rs.6,70,420/- was looted, which had been recovered from the miscreants.

On the basis of fardbayan of the informant, Sushil Kumar Toppo, Giridih Town P.S. Case No.102 of 2000 was registered for the offences under sections 394 and 411 of Indian Penal Code. Later on vide order dated 29.06.2000, section 397 was added. After completion of investigation, charge-sheet was submitted against all the accused persons for the aforesaid offences. After taking cognizance, C.J.M., Giridih committed the case to the court of Sessions, where S.T. Case No.297 of 2000 was registered. The accused persons denied from the charges and claimed to be tried. After conclusion of trial, impugned judgment of conviction and sentence of the appellants was passed as stated above.

5. In course of trial altogether, 11 witnesses have been examined by the prosecution namely:

P.W.1- Ram Pratap Mishra (Guard of Bank)

P.W.2-Sushil Kumar Toppo (Informant-cum-Assistant Branch Manager)

P.W.3- Jwala Prasad Arya, (Cashier of Bank)

P.W.4-