MANOJ MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 13.8.2010, recorded by the learned Sessions Judge, Godda in connection with Sessions Case No. 66/2010, by which the Appellants (1) Manoj Murmu, (2) Patrash Soren, (3) Polush Soren (4) Heeralal Mirdha and one Md. Salim (not the Appellant herein) were convicted under Sections 395/412 of the Indian Penal Code and accordingly, all of them were sentenced to undergo rigorous imprisonment for ten years on each count and fine of Rs. 10,000/- and Rs. 5000/- respectively with default stipulation in Sundar Pahari P.S. Case No. 42/2009, corresponding to G.R. No. 1133/2009

(2.) Prosecution story in short was that a dacoity was committed in the State Bank of India at Chandana Branch, Sundar Pahari, Godda on 7.11.2009 by six unknown culprits, who after entering into the Bank premises during working hours committed dacoity of Rs. 1,44,465/- from the possession of the cash officer of the Bank and Rs. 6700/- from the possession of the informant, who was the Branch Manager of the said Bank at the relevant time. All the culprits were variously armed with firearms, including pistol and carbine and when alarm was raised by the customers of the Bank, all the six unknown culprits escaped in two motorcycles after snatching the mobile of the canteen boy of the Bank. On the basis of the statement of the informant Hindu Hansda, Sundar Pahari P.S. Case No. 42/2009 was registered under Section 395 of the Indian Penal Code as also under Section 27 of the Arms Act on 7.11.2009 against six unknown culprits. It is stated that all the Appellants including Md. Salim and Mary Josfin Soren were arrested by the police while they were making preparation for committing dacoity on highway alleged under Section 399/411 of the Indian Penal Code on 9.11.2009 just after two days of the occurrence Each of them had confessed then guilt before the police about their active participation in the Bank dacoity, which had taken place two days earlier on 7.11.2009 at Chandana Branch of the State Bank of India, which led to discovery of the subject matter of dacoity, including cash, iron box, receipts of the Bank and both the motorcycles, which were used in commission of alleged dacoity and police had submitted charge-sheet against all the six accused under Sections 395/412 of the Indian Penal Code. Charge was framed against the Appellants herein and Md. Salim for the alleged offence under Sections. 395/412 of the Indian Penal Code and put on trial. Case record of the co-accused Mary Josfin Soren was split up as he was declared juvenile and sent to the Juvenile Justice Board, Godda for his separate enquiry. After examination of the prosecution witnesses, all the Appellants were examined and their statements were recorded under Section 313 of the Code of Criminal Procedure and after argument, the Appellants and Md. Salim were convicted by the judgment recorded by the learned Sessions Judge, Godda, which is impugned herein.

(3.) Learned Counsel Mr. S.P. Roy at the outset submitted that as many as ten Witnesses were examined on behalf of the prosecution. Prosecution proved the following documents: