- (1.) On November 5, 2003 at about 1.50 p.m. there had been a bank robbery in Punjab National Bank, Salboni Branch in the District of Midnapore (W). Shri Satyabadi Behara (P.W. 15) lodged a written complaint with the Officer in-charge, Salboni Police Station inter alia stating that on the said date i.e. November 5, 2003 at about 10.00 a.m. the bank was open for public transactions. Five bank staff being P.W. 1 (Kanchan Kirit Das), P.W. 2 (Smt. Joyanti Mondal), P.W. 15 (Satyabadi Behara), P.W. 16 (Santosh Kumar Mondal) and P.W. 17 (Raju Singh) were working there. Mr. Kanchan Kirit Das (P.W. 1) was at the Cash Counter. At about 1.50 p.m. a gang of six persons armed with firearms, knives and other weapons entered the bank premises. They immediately cut the alarm system of the bank. Two of them entered into the Cash Counter while others gheraoed the customer and other staff, threatening them with the fire arms. Two miscreants who entered the Cash Counter forcibly took away cash amounting to rupees forty-one thousand nine hundred and ten. They forced the Manager as well as Cashier to open the vault and from there they also took away rupees ten thousand in cash causing loss aggregating to rupees fifty-one thousand nine hundred and ten. The miscreants also snatched a mobile phone from one Pravat Kumar Dey (P.W. 22), a customer of the bank. The miscreants also snatched the bag of the Manager containing bunch of keys of the bank as well as the scooter/bike keys being used by the Manager and the other staff. The miscreants belonged to the age group of thirty years. They left the bank premises at about 2.15 p.m. confining all the staff members and customers inside the strong room by closing the same from outside. After the miscreants had left, Ananda Mohan Mondal, the landlord of the said premises got the confined staff and customers freed by opening the strong room.
(2.) The police team chased and ultimately arrested three of the miscreants being the Appellants above named. The police also seized a part of the amount robbed from the bank. Despite frantic efforts the other miscreants could not be identified and arrested. All the three accused were chargesheeted. They pleaded not guilty and opted to be tried. Altogether twenty seven witnesses were examined. They were customers, staff of the bank apart from the Police Personnel and the Investigating Team. The learned Additional Session Judge, 4th Court, Paschim Midnapur by judgment and order dated July 27, 2005 and July 30, 2005, held all the three accused guilty of the offence under Sections 395, 397 and 412 of the Indian Penal Code. Perusal of the judgment depicts that the learned Judge held all the accused guilty of the offence under Sections 395 and 297 of the Indian Penal Code whereas the accused Ajit Ghnati and Mojaffar alias Moja were held guilty of the charges under Section 412 of the Indian Penal Code. The other accused Saidar Khan was acquitted of the charge brought under Section 412 of the Indian Penal Code against him. While awarding sentence the learned Judge passed an order of sentence for ten years for the "respective offences" under Sections 395 and 412 of the Indian Penal Code and seven years for the offence committed under Section 397. The three convicts were directed to suffer rigorous imprisonment for ten years coupled with a fine of rupees five thousand each and in default rigorous imprisonment for one year more for the offence committed under Section 395 and rigorous imprisonment for seven years coupled with a fine of rupees three thousand each and in default to suffer imprisonment for six months for the offence committed under Section 397 of the Indian Penal Code. The learned Judge also sentenced Ajit and Moza for ten years and to pay a fine of rupees three thousand each and in default to suffer further imprisonment for one year for the offence committed under Section 412 of the Indian Penal Code.
(3.) Being aggrieved Mojaffar alias Moja preferred appeal being CRA 701 of 2005 whereas the other two convicts being Ajit and Saidar preferred the other appeal being CRA 702 of 2005. Both the appeals were heard by us simultaneously and are being disposed of by this common judgment.;