ARABINDA SHA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellants being aggrieved by the order of conviction and sentence passed by the learned C.J.M. -cum -Assistant Sessions Judge, Sonepur in Sessions Case No. 36/18 of 2008 arising out of G.R. Case No. 43 of 2008 in the court of the S.D.J.M., Birmaharajpur have preferred this appeal. Under the impugned judgment dated 14.10.2011 each of them has been found guilty of having committed the offence punishable under Sec. 395 of I.P.C., convicted thereunder and sentenced to undergo R.I. for eight years with fine of Rs. 10,000/ -, in default, to undergo R.I. for six months.

(2.) Prosecution case, in short, is that on 4.4.2008 in between 2.15 P.M. and 2.30 P.M. five persons being armed with revolver/pistol entered into the premises of State Bank of India Branch, at Dharamsala in the district of Sonepur and took all the persons, then present in the Bank, to the safe room of the Bank by brandishing pistol. Putting the Branch Manager under threat, they compelled him to open the safe, removed cash of Rs. 77,000/ - and 108 packets of gold ornaments weighing 3107 gms. (kept in the safe which were given by the loanees as security for gold loan). They removed cash of Rs. 2,38,757/ - from the cash counter. In course of the dacoity they had also taken away mobile phones of the Branch Manager, Cashier and one customer. Before the culprits had decamped by riding on motorcycles, they had locked the safe room keeping all the hostages inside.

(3.) F.I.R. was lodged by the Branch Manager. In course of investigation the Police collected evidences. In the same night the I.O. got information about recovery of a bag containing cash of Rs. 1,37,120/ -, gold ornaments weighing 1493 gms. kept in 64 packets, two pistols, seven number of live cartridges, one China made revolver and one knife all kept in one Pan masala bag, made by the CRPF, Chakradharpur from Bogie No. S -5 (Berth No. 8) of Train No. 8006 (Samaleswari Express) when the bag was found in abandoned condition. In the same night, on receipt of information that suspected persons were traveling in Coach No. 5 of Koraput Howrah Samaleswari Express, the Inspector, R.P.F. and his staff raided the Coach at Chakradharpur Railway Station and nabbed one Arabinda (Appellant No. 1) and recovered gold ornaments of 859 gms. and cash of Rs. 24,750/ - besides one SIM Card, one broken SIM and one driving licence from his possession. A bundle of currency notes recovered from him contained the seal of S.B.I., Dharamsala Branch wherein the dacoity had taken place. During interrogation said Arabinda disclosed the names of other culprits and confessed to have committed the dacoity in the said Bank. On the basis of the statement of said Arabinda the Police arrested Raju @ Binod Singh (A -2), Rahul @ Ranbir Rai (A -3) and non -appellant accused persons, namely, Sujit Karna, Bhima @ Chandrasekhar Pradhan and Anil @ N. Gajapati Rao. Call details report was obtained wherefrom it was found that the accused persons had frequent talks over phone during and after the commission of the crime. The suspects were put to T.I. parade. All the Appellants were successfully identified. On the basis of evidence collected during the investigation the I.O. submitted charge -sheet on 3.8.2008 sending up the Appellants and three others, namely, Sujit Karna, Anil @ N. Gajapati Rao, Bhima @ Chandrasekhar Padhan for trial. After commitment, the learned Assistant Sessions Judge framed charges against all the seven accused persons under Sec. 395 of I.P.C. and Ss. 25 and 27 of the Arms. Act.