NISAR ANSARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE above noted three criminal revisions, arise out of the judgment dated 15.02.2005 passed by Shri B. Mohapatra, learned Second Adhoc Addl. Sessions Judge, Sundargarh in Criminal Appeal No.11/7 of 2004 -05 confirming the judgment of conviction and sentence dated 28.01.2004 passed by Shri R. K. Banerjee, Assistant Sessions Judge -cum -Chief Judicial Magistrate, Sundargarh in Sessions Trial No.51 of 2002. Therefore, they were heard together and are disposed of by this common judgment.

(2.) THE case of the prosecution, as unfolded during trial, is that on 15.04.2002 at about 3.15 P.M. one Julius Tirkey (P.W.1), cashier of the Panchara Branch of the State Bank of India, orally reported at Kutra Police Station that on that day at about 1.50 P.M. when there was no customer in the Bank and he had already counted the currency notes available in his counter amounting to Rs.54,439/ -, three young men suddenly entered inside the Bank. Of them, one was armed with a pistol and the rest two are holding lathis. At first, they went to the Branch Manager (P.W.2), assaulted him by lathis as well as kick and fist blows, and demanded cash from him. At that time, another culprit armed with lathi was also guarding at the front door of the Bank. The three culprits inside the Bank at the point of pistol threatened the staff and forcibly took the entire cash available in the counter in a bag and tried to break open the strong room and confined all the staff in the bank. When the villagers could know about the back robbery, they gathered in front of the bank. At that moment, receiving signal from the culprit who was in guard at the entrance door,the three culprits came out of the Bank and all of them as well as their five companions out of whom four were armed with pistols, started running. But the villagers could manage to nab all the nine culprits inside the jungle and handed them over to the police. It is alleged that there was a fight between the villagers and the culprits, for which some of the culprits sustained injuries and while undergoing treatment in hospital, one of the culprits succumbed to the injuries. In all, eight accused persons including the present petitioners faced trial. All of them were charged under Section 395 IPC read with Section 27(1) of the Arms Act and accused Umesh Oram, Md. Hafiz Ansari (petitioner in CRLREV No.233 of 2006) and Hiralal Bhagat were charged under Section 25(1 -B) (a)of the Arms Act.

(3.) IN order to prove its case, sixteen witnesses were examined by the prosecution and one witness was examined on behalf of the defence. Learned Chief Judicial Magistrate -cum -Assistant Sessions Judge,Sundargarh, who tried the case, convicted all the accused persons under Section 395 IPC and sentenced each of them to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2000/ - in default to undergo rigorous imprisonment for a period of three months. Further, the learned trial Judge sentenced accused Umesh Oram, Mahammed Hafiz Ansari (petitioner in CRLREV No.233 of 2006) and Hiralal Bhagat to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/ - in default to undergo rigorous imprisonment for a period of one month each under Section 25(2 -B)(a) of the Arms Act. The sentences are to run concurrently. Against the said judgment of conviction and sentence, six accused persons including the present petitioners preferred appeal registered as Criminal Appeal No.11/7 of 2004 -05 and the learned IInd Ad hoc Additional Sessions Judge, Sundargarh, after hearing the learned counsel for the parties dismissed the appeal and confirmed the judgment of conviction and sentence recorded by the trial Court.