JUDGMENT

P. K. TRIPATHY, J. — Having been convicted for the offence punishable under Section 395, I.P.C. and Section 25 of the Indian Arms Act and being sentenced undergo R.I. for ten years and two years respectively for the said offences with the directions to run the sentences concurrently by the Addl. Sessions Judge, Jajpur in S.T. No. 237/29 of 1993, the appellants have preferred this appeal from the jail, pleading innocency. Initially, on their prayer, counsel from the legal aid panel was engaged, but subse¬quently the appellants engaged counsels at different times and their names are noted as above.

2. A dacoity was committed during working hours at 1.50 P.M. on 18.1.1993 in the Central Bank, Neulpur Branch. It is alleged by the prosecution that appellants were the said dacoits besides one Ram Kumar Singh (who did not face the trial). According to the prosecution, when the Bank transactions was going on, five persons being armed with revolvers and carrying bag entered into the Bank consisting of a handful staff of five persons and about 4 to 5 customers were then present inside the Bank. They threat¬ened and terrorised the officer and the employees of the Bank and the customers and started picking the cash from the cash counter and the stitching place of the G. C. Notes. After filling one bag they found necessity of another bag and that is how one of the dacoits went outside to bring another bag from the Maruti Van bearing No. ORF 2111 in which they had come to that place. In the meantime one of the dacoits robbed a customer, namely, Sk. Latif (P.W.No.3) by Rs. 7,500/- which he had received by encashing the cheque. The Cashier of the Bank (P.W.6) finding an opportunity, switched on the siren and because of that sound the dacoits de¬camped from the Bank in that Maruti Van, fortunately, by leaving the booty kept in the bag. Being informed, the S.D.P.O. and the police officers became alert and sent messages to all sides to stop the culprits with the vehicle. The Sub-Inspector of Police, Jajpur Road (P.W.11) obstructed the road and when the said vehi¬cle stopped he searched and found arms and ammunition besides other articles in possession of each of the six culprits and seized them (seizure lists marked Exts. 34 to 46). The culprits were forwarded to the Court on 20.1.1993 and thereafter put to T.I. parade on 29.1.1993. They were identified by the Manager of the Bank (P.W.1) and the Cashier (P.W.6). Only accused/appellant Papu @ Lakhan was not identified by them. For detecting evidence the investigating agency also requisitioned the Scientific Offi¬cers and the Forensic Scientists. During that process of investi¬gation finger-prints were taken from the Bank and the report thereof could prove existence of finger-prints of some of the accused persons who had entered into the Bank. On completion of investigation, charge sheet being filed, the trial Court framed charge for the offence punishable under Section 395, I.P.C., Section 25 of the Indian Arms Act and Section 9-B of the Explo¬sive Act and took up the trial.

3. To substantiate the charge, prosecution examined as many as 12 witnesses. Out of them P.W.1 (Manager of the Bank), P.W.2 (Duftary) and P.W. 6 (Cashier) are the three employees/eye-witnesses to the occurrence and out of them P.Ws.1 and 6 also identified the accused persons in the T.I. Parade. P.W.3, the customer who was looted in the occurrence was also an eye-witness to the occurrence. The Magistrate who conducted the T.I. Parade was examined as P.W. No. 4 and he proved the T.I. Parade Report, Ext. 4. The driver of the Maruti Van (taxi) examined as P.W. No. 7. P.W.No 5, the Finger Print Expert attached to C.S.I. Office, Jajpur, P.W. No. 8, the Scientific Officer of D.F.S.L., Cuttack and P.W.No. 10, the Finger Print Expert in the State Finger Print Bureau are the three relevant witnesses regarding the scientific investigation. P. W. No. 9, the S.I. of Police of Dharmasala P.S., P. W. No. 11, the S.I. of Police of