AJAY KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals are being disposed of by this common judgment as they arise out of the same judgment.

(2.) The appellant in Criminal Appeal No. 309 of 1999, namely, Devendra Mishra has been convicted under Section 399 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. The appellant in Criminal Appeal No. 312 of 1999 and Criminal Appeal No. 313 of 1999, namely, Ajay Kumar Mahto and Amar Nath Choudhary have been convicted under Section 396 of the Indian Penal Code read with Section 25(i)(a) of the Arms Act and have been sentenced to undergo rigorous imprisonment for life under Section 396 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for two years under Section 25(i)(a) of the Arms Act. All the sentences were ordered to run concurrently.

(3.) As per the FIR (Exhibit-2) lodged by Raghav Sharan Datta (PW 8) Branch Manager of State Bank of India, Rahika Branch, the prosecution story is that on 10.10.1996 at about 11 a.m. while the employees of the Bank were busy in their works, the informant heard the sound do not shake otherwise I will shoot youT which attracted the attention of the informant who saw that one dacoit was trying to snatch the gun from the Bank Guard Prabhu Nath Sah (PW 14). The Assistant Manager of the Bank, namely, Anil Sharan Singh (PW 12) intervened and tried to snatch the gun from the dacoits. In the meantime, one of the dacoit fired upon PW 12 which hit the Bank Guard, who fell down in the corridor. The informant saw that one dacoit entered inside the Bank, who was armed with revolver and fired upon Sri Singh but the shot did not hit him. The informant saw that two dacoits were standing near the Cashiers cabin being armed with revolver and demanded the entire cash from the Cashier Sri Anand Kumar. The dacoits searched for the money but could not get anything. Meanwhile, there was a commotion and the customers of the Bank started running here and there as a result of which there was a jam at the gate. Two dacoits who were armed with pistol commanded to vacate the gate by giving threats to kill and one of them who had fired upon the Bank Guard came near the gate and started firing outside due to which the gate was free from the crowd and the dacoits came out. It has been alleged that four dacoits boarded on a white coloured Maruti Van parked in front of the Bank and fled away towards Jai Nagar. Two of them could not sit in the car because the people assembled outside the Bank were brick batting and were chasing them. The informant came out from the Bank and saw that the chaukidar was lying injured and he also noticed empty and live cartridges as also the bridge support of the gun lying near the copious blood which had fallen due to the injuries sustained by the Bank Guard. The informant learnt that two dacoits were apprehended with pistols by Saukhi Paswan (PW 7) and Motiur Rahman PW 11) and they disclosed their names as Rajesh Gupta and Bhagwan Jha who absconded in course of trial. Both the apprehended dacoits, who belonged to Begusarai, confessed their guilt before the villagers who assaulted them. The dacoits could not take away any cash but they took away the gun looted from the Bank Guard.