SHAMIM @ HASHIM Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) BOTH the appeals have been heard together and are being disposed of by this common judgment as both the appeals arise out of Sessions Trial No. 274 of 1989. Appellant Shamim @ Hasim is the appellant in Cr. Appeal No. 268 of 1992 and has been convicted under Sections 395 and 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(2.) Appellants Sakil Ahmad and Shafiullah @ Kallu are the appellants in Cr. Appeal No. 276 of 1992 and they have been convicted under Section 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(3.) FARD -beyan of the Branch Manager of the Punjab National Bank, Pusa (Vaini), was recorded on 8.4.1988 at 5.30 p.m. in which it is alleged that some miscreants entered the bank and one of them armed with pistol forced the informant to open the strong room of the bank. It is alleged that cash of rupees four lacs and odd was looted away by the miscreants. The miscreants also assaulted bank staff while committing dacoity. One of the staff of the bank activated the siren, as a result of which, the police came at the place of occurrence and with the help of the villagers chased the miscreants and was able to apprehend Shyam Kumar Khanna and Md. Shamim Khan (appellant)..It is further alleged that from the possession of Shyam Kumar Khanna, one DBBL gun belonging to the Punjab National Bank along with the cartridges were recovered and from the possession of Md. Shamim Khan a pistol was recovered.