AMIT @ GULLU @ AMITAV KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) These four appeals are directed against the judgment dtd. 20/9/2011 passed by the Additional Sessions Judge (Fast Track Court-II), Bhadrak in Sessions Trial No.91/66 of 2007-09 convicting the Appellants for the offences punishable under Ss. 395, 396 and 397 IPC and Ss. 25 and 27 of the Arms Act and sentencing them as under:

(2.) At the outset, it must be mentioned that seventeen persons were sent up for trial, of which four of them i.e. Lambu @ Chandra Mohan Jha-Accused No.1 [A1] (Appellant in CRLA No.697 of 2012); Amit @ Gullu @ Amitav Kumar [A6] (Appellant in CRLA No.184 of 2012); Chhunu @ Chunni @ Mohan Chowdhury [A7] (Appellant in CRLA No.619 of 2011) and Chandan Sharma @ Chandan Kumar Sharma [A8] (Appellant in CRLA No.183 of 2012) were found guilty of the aforementioned offences and the remaining thirteen were acquitted of all the offences.

(3.) On 23/2/2007, Sri Maguni Charana Mahanta (PW-6), the Manager of Central Bank of India, Bhadrak Branch, Bhadrak submitted a written complaint to the Officer-In-Charge (OIC), Police Station (PS), Bhadrak stating that at about 1.25 pm on that date the cashier of the Bank, Rabindra Nath Mandal (PW-13), the Arm Guard, Dibakar Sahu (deceased), and the sub-staff-Lal Mohan Singh (deceased) collected cash from the Life Insurance Company of India (LIC) Bhadrak Branch and while coming out of the LIC building towards the gate where the hired vehicle was parked, "4 or 5 persons fired at the above employees, and snatched the gun and cash box from them." The complainant stated that there was cash to the tune of Rs.24,09,274.90, which included the cash received from both the LIC as well as the Railway counter. Immediately, the LIC staff informed the nearby outpost over phone and the injured staff were shifted to the Bhadrak Medical by PW-13.