SAHADAT ANSWARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has called in question the judgment of conviction and sentence recorded against him. By the impugned judgment the appellant has been convicted for having committed offences under Sections 454 and 395 of I.P.C. and sentenced to undergo rigorous imprisonment for 10 years with payment of fine of L 20,000/- and in default to undergo rigorous imprisonment for six months on each count. It has been directed that the substantive sentences would run concurrently.

(2.) The facts of the prosecution cases is that :- On 8.9.2000 around 11.15 a.m., the Branch Manager of S.B.I., Purunapani Branch (P.W. 1) with his other employees were as usual in the Bank being engaged in discharging their duty. At that time seven culprits including appellant and others entered inside the bank being armed and threatened the employees and other customers present at the point of gun. It is stated that accused Kitabul first assaulted on the head of P.W. 1 with the butt of the pistol and injured him, where after others forced P.W. 1 and Mr. B. Bilung (P.W. 2) the Cash Officer of the bank to open the strong room when other culprits remained on guarding the rest employee and the customers by terrorising them. It is stated that the appellant and others removed cash and ornaments from the strong room, cash from the counter and finally decamped by riding their motorcycles. It is the further case of prosecution that in the incident a sum of L 465750/- was looted away together with gold ornaments of 276 grams. The telephone line being disconnected, P.W. 1 later informed the matter in writing before the I.I.C., Hatibari P.S. under Ext. 1 leading to registration of the case and that triggered the investigation. Finally charge-sheet was submitted against eight accused persons but three appellants including this appellant faced their trial at the first phase as the presence of other culprits could not be secured by then. The appeals filed by convicts Rabindra Sahoo and Kitabul Khan have been dismissed.

(3.) During trial, prosecution has examined as many as sixteen witnesses and some documents such as F.I.R. Ext. 1, T.I. Parade report Exts. 4 and 7 besides seizure lists and other documents. The Trial Court having formulated points for determination has gone to analyse the evidence let in by the prosecution. Upon their critical analysis and assessment, the Trial Court has rendered the finding of guilt as above stated and accordingly the appellant and others have been convicted and sentenced as above which are under challenged in these appeals.