AFZAL AHMAD KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) In all these appeals, the legal validity of judgment dtd. 21/3/2007 passed by 10th Additional Sessions Judge, Jabalpur, in respective Sessions Trial Nos.60/2006, 61/2006 and 258/2006 has been assailed, therefore, they are heard and decided concomitantly.

(2.) Since, all the appeals arise out of the judgment dtd. 21/3/2007 passed in S.T. Nos.60/2006, 61/2006 and 258/2006 by 10th Additional Sessions Judge, Jabalpur whereby the appellants have been found guilty of offences punishable under Sec. 395/120-B, 412 of IPC and Sec. 25(1-B)(a) of the Arms Act and while some of them have been sentenced to R.I. for life with fine of Rs.5,000.00 for offence under Sec. 395/120-B, others have been sentenced to 2 years R.I. with fine of Rs.1,000.00 for offence under Sec. 25 (1-B)(a) of Arms Act and some of them have also been sentenced to 5 years R.I. with fine of Rs.5,000.00. All the appeals relate to the same incident of dacoity, which took place on 22/11/2004 at about 09:25 a.m. in Dena Bank, Branch Anand Nagar, Adhartal, Jabalpur, therefore, they are being heard and decided analogously.

(3.) As per the prosecution story, on 22/11/2004 at about 09:25 a.m., Sharad Kumar Rakesh (PW/1), when the-then Branch Manager of Dena Bank Branch, Anand Nagar, Jabalpur reached the bank, he found it open and there was darkness in the bank. On entering into the bank, he found two boys sitting inside the bank and he did not find any of the bank employees except Cashier Ramavatar Sharma (PW/4). Just then, Girish Mishra (PW/9) entered into the bank for depositing an amount of Rs.1,21,000.00. The moment he entered into the bank, two young men already sitting there, dragged him with Sharad Kumar Rakesh and Ramavatar Sharma, towards the strong room on gun point. Another employee of the bank namely Arjun Singh Badanga (PW/8) also reached there. The intruders while putting Baka over the neck of Sharad Kumar Rakesh, compelled him to open the strong room and on the same being done, took away a total amount of Rs.22,80,000.00 in four plastic bags. They also snatched an amount of Rs.1,21,000.00 from Girish Mishra. Thus, total amount of Rs.24,01,000.00 was looted. Thereafter, they locked Sharad Kumar, Ramavatar Sharma, Arjun Singh and Girish Mishra in the strong room itself. The two of the accused had cut the telephone as well as light connection of the bank. The third accused kept the other bank employees quiet and motionless at gun point giving them life threats. Thereafter, they escaped by the motorcycle of Ramavatar Sharma bearing Registration No.MP20-KK-9198. The said motorcycle was found on the same day near Sharda Mandir. Sharad Kumar (PW/1) and Ramavatar Sharma (PW/4) submitted a written complaint (Ex.-P/1), on the basis of which, an FIR at Police Station Adhartal was registered. The police recorded the statement of witnesses namely Sharad Kumar Rakesh, Prashant Vishwakarma, Ram Kumar, Prashant Singh Kelwa, Arjun Singh Bandaga, Ghanshyam Vishwakarma, Ramavatar Sharma, Purushottam Rao, Gulam Hussain, Mani Katthal, Ram Kumar Choudhary and Girish Mishra.