The prosecution must prove intent and preparation beyond reasonable doubt; mere presence armed does not constitute guilt without corroborative evidence.

1. Since all the Cr. Appeals arise out of the same impugned Judgment, they are taken up together and are being disposed of by this common Judgment.

2. The instant Criminal Appeals are directed against the Judgment of conviction dated 09.02.2011 and order of sentence dated 11.02.2011 passed by the learned Sessions Judge, Godda in S.T. No.41 of 2010 whereby the appellants have been convicted under S.399/402 of I.P.C. and sentenced to undergo R.I. for 09 years and a fine of Rs.10,000/- and in default to undergo S.I. for six months for the offence under S.399 of I.P.C. and sentenced Rigorous Imprisonment for seven years and a fine of Rs.5,000/- each and in default S.I. for three months under S.402 of I.P.C. Both the sentences were directed to run concurrently.

3. The brief facts of the prosecution case are that on 09.11.2009 in the morning at 9:15 the informant along with Dy. S.P. Mr. Anil Kumar Verma and other police personnel along with armed force who had come at the Police Station, Deodarn proceeded from the Police Station at 9:30 for Agia Bandh. As they reached near the Deodarn turn received the secret information that 3 to 4 suspected persons had gone by Maruti Car towards Deodarn Sundermara Road they all proceeded there and saw a grey colour car parked there at the distance of 50 yard and also saw isolated place in a Jungle 5 persons sitting under the Palas tree who were smoking cigarette and also drinking wine and were talking that it was too late that their one aide Bhagat Murmu had not come and it was a time of opening the Bank and on being belated the mob will be there. They were making preparation to commit the offence. The Police Officer Awadhesh Kumar Singh, the informant Mahendra Bandra, Sub-Inspector Sanjay Kumar Malviye and Sub-Inspector Niranjan Tiwari all the four apprehended one by one to the four accused persons and the car was also surrounded by the force in which a female was sitting on the back seat. Those who were apprehended were identified as Manoj Murmu, who was apprehended by the Police Officer Awadhesh Kumar Singh and from his possession one country made pistol in which barrel .303 live bullet was also loaded along with other articles were recovered. Sub-Inspector Niranjan Tiwari apprehended Patras Soren from whose possession one country made pistol and .303 live cartridge loaded therein was also recovered along with other personal articles. Hira Lal Mirdha was apprehended by Sub-Inspector Sanjay Kumar Malviye and from his possession one country made pistol and one .303 live cartridge loaded therein was also recovered along with other personal articles. Polus Soren was apprehended by the informant Mahendra Bandra and from his possession one musket firearm in which barrel was 8 mm. bullet along with 5 mm live bullet in a bag was recovered. All these apprehended accused were searched in presence of independent witnesses. Thereafter reached to the Maruti car bearing registration No. WB02A8707 on which rear seat a female was sitting and in presence of the witnesses she was also searched and three 8 mm bullet were found in a polythene lying in beside her and two 8 mm and one .303 live bullet were found in dickey along with other cigarette packets, match box and empty bottle of wine. All the accused persons confessed that they had looted Deodarn Gramin Bank and Chandana State Bank and on 06.11.2009 was to loot the Chandana State Bank but due to the gate being closed of the cash room they had come back. Next day on 07.11.2009 they went by two motorcycles. The six accused persons went by the two motorcycles to Chandana Bank and cash was looted fr