JANARDHAN Vs. STATE OF M P

JUDGEMENT

(1.) ASJ, (F. T. C.), Amarpatan in S. T. No. 70/02 vide impugned judgment dated 23-1-03 recording conviction of appellant under Section 395/397, IPC sentenced him to undergo RI for a period of seven years. Being aggrieved, appellant has preferred this appeal under Section 374 (2) Cr. PC.

(2.) ON 19-1-01 at about 3. 45 P. M. , five masked persons armed with fire arm Katta-sword entered into Allahabad Bank Branch Maryadpur. Shiv Nath Bhubharkar, the Manager and Kailash Chand Yadav the peon of the Bank were present. These five masked persons asked them to hand over the cash of the Bank. Being resisted using fire arm katta-sword the dacoits inflicted injuries to Shiv Nath Bhubharkar and Kailash Chandra Yadav. Thereafter the dacoits taking Rs. 58,228. 70 and Rs. 2,72,000. 00 respectively from counter and safe ran away. One of the dacoits appellant Janardhan Dwivedi was apprehended by the villagers. In his statement under Section 27 of Evidence Act appellant disclosed the names of other four dacoits and led to the recovery of cash Rs. l. ,25,000/-and a sword. Completing the investigation, appellant was charge-sheeted. Appellant abjured the guilt. However, the Court below vide impugned judgment recording conviction under Section 395/397, IPC sentenced him to undergo RI for a period of seven years.

(3.) THE conviction-sentence vide impugned judgment has been assailed mainly on the ground that the prosecution has not examined the Branch Manager and the investigating Officer, As such, the Court below erred in recording the conviction under Section 395/397, IPC.