KANJARALA PRASHANTH ALIAS KITTU Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 1041/2002 is filed by Accused Nos. 1, 4 and 6 and criminal appeal No. 1068/2002 is filed by accused Nos. 2,5 and 7, aggrieved by the judgment of conviction and sentence in sessions case No. 18 of 2000, dated 9-9-2002, on the file of the learned IV Additional Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge convicted A-1, A-6 and A-7 under Section 395 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years each and to pay a fine of Rs. 200/- each, and in default of payment of fine, to undergo simple imprisonment for six months each. A-2, A-4 and A-5 were convicted under Section 412 IPC and sentenced to suffer rigorous imprisonment for five years each, and to pay a fine of Rs. 200/- each, and,in default of payment of fine, to suffer simple imprisonment for six months each.

(2.) Since both the appeals arise out of the same sessions case, they are being disposed of by a common judgment.

(3.) The brief facts that are necessary for disposal of the present appeals are that on 31-10-1996 at 11.30 a.m., D. Suresh Kumar, the then Assistant Manager, State Bank of Hyderabad, Habsiguda Branch, his Cashier Sainath, Typist-cum-Clerk-Latha Mahesh, and another staff member-Ch. Narayana, were going from their Branch to the A.P. Foods Extension Counter Branch in a rented car bearing No. AP 10F 6992 driven by William Joe Walter with an amount of Rs. 11,60,000/- to disburse salaries of the employees of A.P. Foods, I.D.A., Nacharam, that at 11.50 a.m., they were at a distance of 300 meters away from their destination, that then a white Maruti van bearing No, AP-28-7575 came across the road and suddenly four persons got down therefrom, threatened the inmates of the car, took away cash box keys, car dicky keys at the point of knives, and the cash of Rs.11,60,000/-, that on a report given by Suresh Kumar, the police registered a case and investigated into. During the course of investigation, on 10-7-1997 while the accused were moving under suspicious circumstances, they were intercepted by the police and on their confessional statements, certain amount of cash was seized from each of the accused. On completion of the investigation, police filed a charge-sheet against eight accused in all. On behalf of the Prosecution, P.Ws. 1 to 11 were examined and Exs.P-1 to P-20, besides M.Os. 1 to 11, were marked. On behalf of the accused, D.W. 1 examined and Exs.D-1 and D-2 were marked. The trial Court after appreciating the evidence on record acquitted A-3 and A-8 of the charges levelled against them, and convicted and sentenced the remaining accused as aforesaid.