- (1.) All the aforesaid three appeals arising out of same case were heard together and are being disposed of by this common judgment.
(2.) The three appellants were put on trial on the accusation of committing dacoity in the State Bank of India, Lapunga Branch and looted away a sum of Rs. 4,47,208/ - as well as a DBBL gun and ten cartridges and also on the charge of retaining money looted from the Bank. The trial court having found the appellants Krishna Kumar Singh @ Babua and Subhash Kumar Jha @ Munna Jha guilty for the offences punishable under Ss. 395, 397 and 412 of the Indian Penal Code and the appellant, Hemant Kumar Jha for the offence punishable under Sec. 412 of the Indian Penal Code convicted them accordingly, vide judgment dated 19.8.2006 and sentenced both the appellants Krishna Kumar Singh @ Babua and Subhash Kumar Jha @ Munna to undergo imprisonment for life for the offence under Ss. 395/412 of the Indian Penal Code and to pay a fine of Rs. 5000/ - and further to undergo imprisonment for ten years for the offence under Sec. 397 of the Indian Penal Code and sentenced Hemant Kumar Jha to undergo imprisonment for ten years for the offence under Sec. 412 of the Indian Penal Code and to pay a fine of Rs. 5000/ - Both the sentences in case of Krishna Kumar Jha @ Babua and Subhash Kumar Jha @ Munna Jha were ordered to run concurrently.
(3.) The case of the prosecution is that on 9.7.1999 at about 11.45 a.m. while the officers and staff of the Bank were engaged in discharging their duties, one unknown person entered into the Bank and told to the Guard, Ramu Lohar (P.W.7) that he has to open an account and hence, is to see the Manager. The Guard signaled him to go to the direction where the Manager sits. Meanwhile, another person entered into the Bank with firearm and fired shot but it did not hit anybody. Meanwhile, both the miscreants started assaulting the Guard and snatched away his DBBL gun. One of the miscreants came to the cash counter and overpowered the Cashier, Surendra Kumar Rajak (P.W.1) and collected entire money and put it in a bag. The said Cashier Surendra Kumar Rajak was taken to strong room on the point of pistol and was asked to open the door. Being fearful, the cashier opened the lock of the grill which was fixed outside of the strong room. Meanwhile, two miscreants with revolver and carbine came and overpowered the Accountant, Prashant Kumar, the informant (P.W.5) and forced him to open the lock of the strong room from where they took a sum of Rs. 82,000/ - and kept in a bag. Thereafter all the miscreants came out of the Bank and fled away along with miscreants who were keeping watch from outside. It was found that the miscreants had looted Rs. 82,000/ - from cash -shelf (strong room), a sum of Rs. 1,60,000/ - from cash counter which had been kept for making payment to the customers and also a sum of Rs. 2,05,208/ - from cash counter which the customers had deposited. In total a sum of Rs. 4,47,208/ - was looted away. Apart from it, they also took away DBBL gun and ten cartridges.;