NIZAMUDDIN AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the State.

(2.) The appellants have been convicted under Sec. 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 10,000/ - and in default of payment of fine to undergo imprisonment of one year. Appellants have further been convicted under Sec. 120B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 5,000/ - and in default of payment of fine to undergo imprisonment of six months. However, it has been ordered that both the sentences will run concurrently.

(3.) The prosecution case, as alleged in the First Information Report by the informant Awadhesh Kumar Mishra, the Branch Manager, North Bihar Gramin Bank situated at Barka Gaon, is that on 27.06.2008 at around 2:45 P.M. he locked the cash in safe after verification. The bank staff were engaged to maintain register. He came out at the Varanda of the Bank. At 2:55 P.M. two persons entered into the bank wearing Lungi and Ganji. One person had slight Nepali complexion and other looks like labourer having age between 25 to 30 years. They captured the informant on the point of pistol and demanded to deliver the key of the cash. He put resistance thereafter one of them struck on his head by Butt of the pistol and took him in the room and demanded key of the safe. Their two associates aged about 25 to 30 years were wearing pant and T -Shirt, height about 5"5' feet. They were speaking local language. All the four persons were armed with pistol. They covered the bank staff in the room and forced the cashier Umesh Kumar Singh to open the safe and then the Cashier opened the door. One of them having bag filled the same with note from the safe. They also asked for their mobile. In the meantime, Chaukidar Dhanai Mahto (P.W.5) entered into the bank. One of the inmates struck the Chaukidar by the Butt of the pistol and exhorted to shot down to the Chaukidar. Thereupon, the Cashier requested them not to shot at Chaukidar as they had already taken the cash. The other Chaukidar Sathu Paswan (P.W.4) disclosed that the criminals were six in number and they were fleeing on three motorcycles towards north. The safe of the bank was found empty as they took away entire cash amount worth Rs. 3,82,875=50 containing 10 notes of 1000 denomination, 700 notes of 500 denomination, 108 notes of 100 rupees denomination, 45 notes of 50 rupees denomination, 11 notes of 20 rupees denomination, 59 notes of 10 rupees denomination and change of Rs. 15=50. In this occurrence, the accused persons also assaulted Baijnath Sah and Chaukidar Dhanai Mahto with butt of the pistol as a result of which they sustained injures and also assaulted Radha Mohan Thakur and Cashier Umesh Chandra Singh with slaps and fists. The informant claimed to identify the culprits who came in the bank with open face.