PAWAN KUMAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and order dated 20.8.2003 passed by the Addl. Chief Judicial Magistrate -cum -Asst. Sessions Judge, Rourkela in S.T. No. 174/61 of 2002 convicting the Appellant under Section 392 IPC and Sections 25 and 27 of the Arms Act. The Trial Court sentenced the Appellant to undergo rigorous imprisonment for seven years and pay a fine of Rs. 25,000/ - in default undergo rigorous imprisonment for six months, for the offence under Section 392 IPC, and undergo rigorous imprisonment for three years and pay a fine of Rs. 10,000/ - in default undergo rigorous imprisonment for three months more, on each count for the offence under Sections 25 and 27 of the Arms Act; all the sentences to run consecutively.

(2.) THE case of the prosecution is that on 17.8.2001 at 10.30 a.m. the present Appellant along with the other co -accused persons entered into the U.Co. Bank, Bazar Branch, Rourkela when its business had just started, confined the staff of the bank and customers present in the bank in the Tiffin room at the point of pistols, forced two bank officers, who were in -charge of the strong room, to open the same and took away Rs. 9,26,700/ -, one DBLL gun belonging to the bank and three cheque books. Thereafter, they also confined those two officers in the Tiffin room along with others and fled away. On arrival of the Senior Manager of the Bank just after the incident, the matter was reported to the Plant Site P.S. and investigation was taken up on completion of which charge -sheet was submitted under Section 395 IPC and Sections 25 and 27 of the Arms Act against the present Appellant and three other accused persons, who during trial escaped from the Court.

(3.) IN order to prove its case, prosecution examined as many as 10 witnesses including the Magistrate, who conducted T.I. Parade, and defence examined none.