RAM ASHISH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Appellant Ramashish Rai being aggrieved by his conviction under Section 402 of the Indian Penal Code (for short I.P.C.) and sentence of ten years rigorous imprisonment has preferred Cr. Appl. No. 521 of 1983. Appellants Akhilesh Kumar Singh, Abhimanu Mishra, Shyam Babu Singh and Krishna Prasad Yadav being aggrieved by their conviction under Section 396 LP.C. and sentence of rigorous imprisonment of life have preferred Cr. Appeal Nos. 628, 629, 630 and 631 of 1983, respectively. All the appeals arise of a common judgment and they have been heard together with the consent of the learned counsel for the parties and they are being disposed of by this common judgment. Accused Harinaram Singh, Indrakant Mishra, Lakhi Rai and Sheojee Kuer were acquitted. During the course of trial accused Rajesh Kumar Yadav was released on provisional bail by the vacation Judge on 9.11.1982 and since then he was absconding. Similarly, Birendra Rant also escaped from the police custody after the close of the prosecution case and his examination under Section 313 of the Code of Criminal Procedure.

(2.) The case of the prosecution was that at the Exhibition Road Branch of the State Bank of India is in the first floor of the Arunachal Building towards the west of the Exhibition Road and to the south of the point where Dakbungalow Road meets on the Exhibition Road. On 21.5.1978 the Bank opened at its usual working hours. The usual rush of the work of the Bank was over near about 12.45 P.M. One Lallan Pandey (P.W.2) Head Cashier was sitting in his room. Ram Balak Ram (P.W. 3) water boy was sitting on a Bench of the waiting room of the Bank along with one customer. In the Chamber of B.B. Dey Sarkar, Field Officer, Mithilesh Kumar (P.W. 5) clerk -cum -typist was taking dictation. Shree Ram Pandey (P.W. 6) was busy in his work at the payment counter and Umesh Mishra (P.W. 8) was working on the receiving counter. Nirshu Narain Singh (P.W. 10) was working on the current ledger. Rajendra Pd. (P. W 13) was sitting in the bank hall. P.C. Jha Branch Manager (P.W. 14) was working on his table in the meantime a person armed with a pistol came near the water boy Ram Balak Ram (P.W 3) and the customer sitting on the Bench in the Bank's waiting room and asked them to go away from there otherwise they would be killed, the water boy ran to the Banking hall crying that deceits had come. This alarm by him attracted the attention of the other employees of the Bank working there The water boy entered , into the room of the Bank Manager and shut it from inside. Immediately, thereafter 7 or 8 persons armed with pistols came into the Bank one after the other and they spread themselves in the various parts of the bank. Two or three dacoits came in the bank hall and some of them went towards the cash counter and three of them entered into the room of the Chief Cashier and two of them remained standing on the gate with pistols in their hand to keep a watch on the person coming in and going out of the Bank. The dacoits asked the employees of the Bank to remain at their place and to raise their hands. One of the three dacoits, who had entered into the chamber of the Head Cashier went to the receiving counter and took away Umesh Mishr (P.W.1) the amount he had received. Similarly Shree Ram Pandey was also relieved from the cash at his counter. The member of the dacoits took the currency notes lying in the cash box of the Head Cashier. In this way an amount of Rs. 55908.11 paise was looted.

(3.) On hearing of the alarm of water boy B.B. Dey Sarkar, Field Officer came out of his room and on asking the two dacoits standing near the gate as to what they were doing one of those dacoits stabbed him in his chest Sarkar on getting the stab blow pressed his wound and the same dacoits gave another blow on his back. Sri Sarkar on going a few steps forward fell down on the table of the accountant. The dacoits after taking the said amount made good their escape. Shanker Pd. Singh (P.W.8) Sub -Inspector of Police came to the bank at about 12.45 P. M on receiving information of the incident on telephone. The City Superintendent of Police and the Additional Superintendent of Police Town also arrived with a posse of force, but by then the dacoits had gone away. Shri B. B. Dey Sarkar was taken to the hospital for treatment where he died due to his injuries.