Joymalya Bagchi, J. - (1.) The appellants were convicted for commission of offence punishable under Sections 395/397/412 of the Indian Penal Code and Section 25 of the Arms Act and sentenced to suffer rigorous imprisonment for 9 years each and pay fine of Rs.1000/- each, in default to suffer simple imprisonment for one month each under Section 395 of the Indian Penal Code, to suffer rigorous imprisonment for 7 years for the offence punishable under Section 397 of the Indian Penal Code and to suffer rigorous imprisonment for another one year for the offence punishable under Section 25 of the Arms Act, all the sentences to run concurrently.
(2.) The appellants have already been served out the sentence in the meantime and hence appeal has taken up for hearing.
(3.) The prosecution case as against the appellants is to the effect that on 9th September, 2002 around 1.30 P.M. five persons entered into the Amanpur Branch of State Bank of India. They confined the staff of the bank in the canteen room and physically assaulted them. Thereafter, they committed dacoity in respect of cash amount available in the cash counter and left through the main gate of the bank. In the aforesaid manner the dacoits have committed dacoity to the tune of Rs.1,08,574.40/- from the bank. On the written complaint of Ganesh Chandra Maity, Manager of the State Bank of India, Amanpur Branch criminal case was registered for investigation.;