Hon'ble Sudhir Agarwal,J.

1. Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate, assisted by Sri Rakesh Chandra Upadhyay, Advocate, for Revisionist and perused the record. Though learned A.G.A. was present and was requested to assist the Court, but he said that he has no file and failed to assist the Court. This is really unfortunate that this Court could not get any assistant from learned A.G.A. However, having no other option, I proceed to decide this matter after hearing counsel for Revisionist and after perusal of record by myself.

2. This Criminal Revision under Section 397/401 Cr.P.C. has come up at the instance of accused-Revisionist, who has been charged by Sessions Judge, Sonbhadra under Section 120B I.P.C. in Sessions Trial No. 56 of 2000 vide order dated 19.02.2001.

3. Brief Facts, giving rise to this revision, may be stated as under.

4. A First Information Report being Case Crime No. 44 of 2000 under Sections 395, 397 I.P.C. was lodged at Police Station Shakti Nagar, District Sonbhadra by Ashish Kumar, an official of Allahabad Bank, Branch Shakti Nagar alleging that on 04.02.2000, seventy lacs rupees which had come from Robertsganj Branch, were kept in strong room by Branch Manager, Sri Suresh Kumar Singala. Thereafter, he went to N.C.L. Headquarter, Singrauli. Branch Manager handed over key of strong room and safe to Informant and since then Informant was in charge of Bank. At around 4.00 PM, when all the officials and employees of Bank, except Branch Manager and one Sanjay Kumar, were present, Informant and Umesh Kumar, In-charge Head Cashier were closing strong room, after keeping cash therein, and when they had locked one key and going to lock second key, about 6-7 miscreants entered the Bank, and threatened all officials and public persons present in the Bank, showing countrymade pistols and revolvers. They took Sri Basu to stationary room and brought one Lal Ji Upadhyay to the door of strong room on threat of countrymade pistol. They compelled Informant and Sri Umesh Kumar to open the door of strong room. When the miscreant threatened to kill Sri Upadhyay, having no option, Informant and Umesh Kumar opened door of strong room. Miscreants entered strong room, took out cash from safe and collected cash in two jute bags which they had brought with them after getting safe opened. Rest of cash was kept by them in a cloth of Bank. They brought officials and staff of Bank and Post Office to strong room along with 3-4 public persons who were present in the Bank. They took out bags containing cash and moved away from strong room along with Informant at gun point and they closed door of strong room. They ran away giving threats to Informant. Subsequently when checked, it was found that miscreants had taken away rupees 82,85,000/- of the following denominations:

(i) 31 bundles of Rupees 500/-,

(ii) 452 bundles of Rupees 100/-, and,

(iii) 453 bundles of Rupees 50/-.

5. The report was lodged against unknown 6-7 persons. Police investigated the matter and submitted charge-sheet under Sections 395, 397, 412 and 120B I.P.C. against Arun Kumar Upadhyay, Satish Chand Mishra, Devendra Kumar Singh, Rajesh Kumar Mishra, Dinesh Kumar and the Revisionist, Suresh Kumar Singala. List of witnesses submitted by Investigating Officer consists of 17 witnesses examined under Section 161 Cr.P.C. The witnesses from Sl.No. 1 to 8 were witnesses of fact and other 9 witnesses were of formal nature. Name of Revisionist did not come into picture for implicating him in criminal case. However, statement of one Lallan Prasad Pandey recorded under Section 161 Cr.P.C. was relied by Investigating Officer in which he stated that while he had gone to take medicines on 11.01.2000 in front of Bank, one Rajesh Kumar Mishra and Revisionist were talking together. The witness said that he overhead Branch Manager and Revisionist that we people first complete work at Vindhyavasini Bank, Anpara, thereafter the work of Manager's bank would be