M.C. Sharma, J. - (1.) The State of Rajasthan has preferred this appeal against the judgment of acquittal dated 28.11.2000 passed by learned Additional Chief Judicial Magistrate, No. 1, Jaipur City, Jaipur (for short 'the learned trial Court') in regular criminal case No. 124/2000, whereby he acquitted the accused respondents for the offence under Ss. 392 and 342 IPC. As per the case of the prosecution, brief facts of the case are that Rajasthan Bank Maharaja College, Jaipur submitted a written report on 26.8.98 to this effect that today at about 2.05 PM two persons came in the bank and out of them one was wearing black color helmet. One person after taking katta from his shirt stated that 'this is bank robbery' all will remain silently, otherwise he will kill. The other person took black color revolver from the bag and also took khukri in his hand. He without saying anything came in the bank and near the cashier started to fill up the money. At that time one customer who has withdrawn Rs. 5000/ - was standing outside the counter. The bank robber pushed him in the bank and gave him abusive language. He stated to be taken of red color telephone. The customer because of fear could not understand the same and gave abusive language. The police on the basis of this written report registered an FIR No. 118/97 for the offence under Sec. 392 IPC.
(2.) The police failed to arrest the accused respondents and in absence of accused respondents submitted challan against them.
(3.) Later -on SHO of P.S. Shipra Path, arrested the accused respondents in case No. 118/97.;