Ratnaker Bhengra, J. - (1.) WHEN the matter was called out no one appeared on behalf of the appellants. On the last occasion also none appeared on behalf of the appellant. Therefore, Mr. Chandrajit Mukherjee is being appointed as Amicus Curiae. This Criminal Appeal is directed against the judgment of conviction dated 17.8.2000 and order of sentence dated 19.8.2000 passed by the learned 2nd Additional Sessions Judge, Hazaribagh in S.T. No. 138 of 1993 whereby the abovenamed appellants have been found guilty and convicted under Sections 395 and 412 of the Indian Penal Code. However, the appellants were sentenced under Section 395 of the Indian Penal Code with no separate sentence under Section 412 of the Indian Penal Code.
(2.) THE appellants were facing trial for the offence under Sections 395/412 of the Indian Penal Code. The prosecution case is in brief as per Fardbeyan of Sri Bharo Singh, Branch Manager, Bank of India, Branch -Barkagaon P.S. -Barkagaon recorded by P.S.I. Krishna Kumar on 11.6.1992 at Bank of India Building is that on 11.6.1992 at about 11.25 A.M. when the informant, Branch Manager, Bank of India, Barkagaon Branch was conducting his business in the bank along with other bank officers, staff and 30 -35 customers, all on a sudden five dacoits having variously armed with pistols entered into the bank premises, two of them came to the Branch Manager and Agriculture Officer of the Bank and on the point of pistol they were threatened of dire consequences and were asked to keep quite. Three of them went towards cash counter and the bank staff, who were present there, were taken to the stationery room and were bolted inside the room from outside and then the Branch Manager and cashier were directed to open safe of the bank. When they opened the safe, they took away the money available there and then from the cash counter also they collected money and thereafter they tore the Matriculation copy and draft book and then went away with entire money. When the miscreants left the bank, the staff of the bank, after breaking open the glass of ventilator, raised alarm. The police arrived there after sometime and then the staff of the bank were taken out from the stationery room. The crowd assembled there and disclosed that the miscreants had gone towards Hazaribagh in an Ambassador Car No. DEB 4681 and then information was given to the police regarding occurrence with details of cash taken away by the dacoits amounting to Rs. 1,07,405/ -. The informant and other persons claimed to have identified the miscreants.
(3.) IT is further alleged that in the same transaction the miscreants were trying to escape with looted cash in an Ambassador car and they were apprehended at Barhi Chouk on Telaiya Road and some of them had been killed in encounter and some of them escaped. Entire looted money from the bank had also been recovered from the said car. The offence under Sections 395/412 of the Indian Penal Code was exclusively triable by the Court of Sessions. The appellants have denied the charge levelled against them.;