GALI HANOOK Vs. STATE OF A P

JUDGEMENT

(1.) Both these appeals can be disposed of together since they emanate from the same case in S.C.No.13 of 1997 and they are A-l and A-2 in the case. Both the appellants stand convicted for the offences punishable under Section 392 of IPC and sentenced to suffer rigorous imprisonment for five years each and further sentenced to pay a fine of Rs.1,000/- each and in default to suffer simple imprisonment for three months. They further stand convicted for the offence punishable under Section 411 of IPC and sentenced to suffer rigorous imprisonment for two years with a direction to run the sentences concurrently, by the learned Metropolitan Sessions Judge, Vijayawada by his judgment dated 17-2-1998 in S.C. No.13 of 1997.

(2.) The grave men of the charge against the appellants and another was that all the three along with another by name Challa Srinivas Reddy on 2.9.1988 at about 1.45 p.m. in pursuance of their common intention to commit robbery in the Union Bank of India, Enikepadu Branch, Vijayawada (hereinafter referred to as Bank), A-1 and A-3 having armed themselves with a knife and a revolver respectively entered the Bank and wrongfully confined one P.S.N. Mallikarjuna Sarma, Patan Ghouse Khan Ghori, Pisipati Ramalingaiah, Vadapalli Venkateswara Rao, Lamu Peter Prasad and threatened all the staff members to destroy the Bank by fire and then A-l attempted to kill one Vemuri Venkata Satyanarayana Siva Prasad and A-3 attempted to kill the said person by pointing with a knife and revolver at him, and that similarly they both attempted to kill one S.N.Mallikarjuna Sarma, Patan Ghouse Khan Ghori, Pisipati Ramalingaiah, Vadapalli Venkatarama Rao, Lamu Peter Prasad, J.Nagamalleswar Rao, Yelamanchili Seeetarama Prasad and thereby committed the offences punishable under Section 448, 342, 506(2), 307 and 392 of IPC and Section 27 of the Indian Arms Act. In order to bring home the guilt to the accused of the above charges the prosecution examined as many as 28 witnesses and got Exhibits B-1 to B-34 and MOs.1 to 605 marked. None was examined on the side ofthe accused when called upon to enter upon their defence and no documents were got marked except Exs.D-1 to D-6 contradictions from the previous statements of P.Ws.2, 7, 8 and 20. A-4 died pending investigation. Only three accused faced the trial. Considering the evidence both the oral and documentary on record and after having heard of either side the learned Metropolitan Sessions Judge found A-1 and A-2 guilty of the charge under Section 392 and acquitted them of all other charges. He found A-3 not guilty and acquitted him of all the charges. A-l and A-2 were further found guilty for the offence under Section 411 of IPC. The appellants are now assailing their convictions and sentences passed as aforesaid. No appeal was filed by the State as against the acquittal of A-3.

(3.) The case of the prosecution as can be seen from the testimony of the witnesses was that a1l the accused with an intention to commit robbery in the Bank left on two scooters at 12 noon on 2.9.1988 and reached the premises of the Bank at 1.45 p.m. Initially the deceased-accused entered the Bank and pretended to have obtained a demand draft for Rs.30/- by standing at the cash counter and at that stage A-l wearing a woolen monkey cap, and A-3 wearing a helmet having armed themselves with a knife and a revolver respectively entered the Bank. Upon seeing them the deceased took out his revolver and al1 the three accused A-l, A-3 and the deceased threatened P.W.I, the Manager of the Bank, P.Ws.3 and 7 Head Cashier and Staff member of the Bank respectively to kill them and pushed them towards a corner of the Bank along with the customer P.W.9 who was present in the Bank. P.W.8 who came to the Bank after having seen the incident some how came out of the Bank and cried for help from P.W.4, 12 and some others. In the meanwhile the accused disconnected the telephone wire of the Bank, dragged P.W.7 into the cash cabin and committed theft of the cash from the cabin. Thereafter, they got the safe locker opened by P.W.7 and committed theft of cash and gold bags from the Bank. After having obtained a bag from one of the employees of the Bank they filled it with the cash and thereafter confined P.Ws.l, 27, 9 and others to the safe room and after having locked the same and confining P.Ws.4 and 12 in the Bank Hall and after having bolted the same from outside A-l, A-3 and the deceased came out of the Bank with the cash and gold Jewellery joined A-2 who was waiting outside with two scooters, and all of them left the Bank.