Hon’ble Shri Kant Tripathi, J.—Heard Mr. Gaj Raj Singh Pal for the appellants Anil @ Bablu Srivastava and Mohd. Jama @ Salim and learned AGA for the State and perused the record.

2. These two appeals relate to the same incident, hence they are disposed of by this common order.

3. The appellants Anil @ Bablu Srivastava and Mohd. Jama @ Salim have preferred these appeals against the judgment and order dated 30.6.2006 rendered by Sri D. K. Srivastava, the then Additional Sessions Judge / Special Judge (Dacoity Affected Area), Court No. 3, Budaun in Special Sessions Trials No. 2 of 2003 and 118 of 2003, whereby the learned Special Judge has convicted and sentenced each of the appellants under Section 412 I.P.C. to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 50,000/- and in default of payment of fine to undergo additional imprisonment of three years.

4. The prosecution story leading to this appeal in nutshell is that on 19.4.2002 Mr. Pramod Kumar Agrawal, Assistant Administrative Officer, Life Insurance Corporation of India, branch Budaun, went to the Oriental Bank of Commerce, branch Indrachowk, Budaun on his car to deposit Rs. 3,69,073/- alongwith the Life Insurance Corporation of India’s officials Saligram and Ram Prakash. The aforesaid amount had been kept in a locked iron box. He reached the bank at about 1.15 p.m. When he came out of the car, one miscreant shot at the aforesaid official Saligram and snatched away the entire cash amount of Rs. 3,69,073/-. The miscreant after snatching away the cash amount moved towards an already started motor-cycle lying near the car under the control of another person who had been waiting for the miscreant who robbed the case box, and, thereafter, both of them fled away on that motorcycle towards Indrachowk. There were two other miscreants on a different motor-cyle, who also fled away following the first motorcyclists. It further appears that all the miscreants had prior information regarding the aforesaid cash amount and had arrived in the bank in advance to commit the robbery. The Assistant Administrative Officer, Mr. Pramod Kumar Agrawal, lodged the F.I.R. Ext.Ka-1. on the same day at about 14.15 hrs. at the Police Station-Civil Lines, Budaun, on which basis the police registered the case vide crime No. 339 of 2002 under Sections 394 and 397 I.P.C. and proceeded to hold the investigation. The appellants Anil @ Bablu Srivastava and Mohd. Jama @ Salim were arrested by the police of police station-Rajepur, District-Farrukhabad in another case and on their arrest, they informed the police of police station-Rajepur that they were involved in committing the aforesaid robbery.

5. On 24.7.2002, PW-7, Omveer Singh, the Investigating Officer received information regarding the arrests and the confessional statements of the appellants and then he went Farrukhabad and recorded their statements on 24.7.2002 . The Investigating Officer took the appellants on police remand on 13.8.2002 and recovered Rs. 14,000/- on their pointing and after concluding the investigation found a prima facie case against the appellants and accordingly filed a charge-sheet against them.

6. The co-accused persons, namely, Ahmad Raja and Fareedul have already been acquitted, therefore, it is not necessary to refer to the facts relating to the said co-accused persons.

7. The learned trial Court framed the charges under Sections 394, 397 and 412 I.P.C. against the appellants who denied the charges and claimed to be tried.

8. The prosecution examined as many as seven witnesses to prove the aforesaid charges. PW-1, Pramod Kumar Agrawal is the complainant, who has proved the F.I.R. Ext. Ka-1 and the story of the robbery. PW-2, Saligram and PW-3, Ram Prakash, who were Life Insurance Corporation of India’s officials, have also supported the prosecution story of robbery. PW-4, Fateh Singh, Sub-inspector, and PW-7, Omveer Singh, the Investigating Officer, who made the recovery at the instance of the appel