UDAI BANRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is a case of bank robbery wherein the Bank Manager of Barkela Gramin Bank was killed during the course of robbery by the assailants.

(2.) In total five persons includ ing the appellants have faced trial jointly in Sessions Trial No. 295 of 1989 and Sessions Trial No. 4 of 1990 before the 2nd Additional Sessions Judge, Chaibasa. Appellants above named have been charged under Sections 394, 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Section 394 of the Indian Penal Code and to pay a fine of Rs. 4,000 each and in default thereof, to undergo further rigorous imprisonment for one year each. Further each of the appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The appellant Udai Banra has already been convicted under Section 394 of the Indian Penal Code, so he cannot be convicted simultaneously for the charge under Section 411 of the Indian Penal Code and, therefore, he is acquitted of that charge. Since the charges against the accused Pandit alias Pradeep Hembram and Dilip Kumar Balmuchu have not been proved, they have been acquitted by the learned 2nd Additional Sessions Judge, Chaibasa. However, the sentences passed against the accused-appellants above-named have been ordered to run concurrently.

(3.) The fact of the case runs as follow :