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Judgment
Joymalya Bagchi, J
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.
The appellants have already been served out the sentence in the meantime and hence appeal has taken up for hearing.
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.
From the evidence on record, particularly, that of PWs.1 to 5, being the officers of the bank, who were present at the time of dacoity, it appears that
the appellants along with others had committed dacoity in the bank and decamped with the money. Stolen cash was recovered from the possession
of the appellants. P.Ws. 1 to 5 identified the appellants during T.I. parade as well as in the Court.
In view of the aforesaid evidence on record, the conviction and sentence of the appellants are upheld and do not call for interference.
The appeal is, thus, dismissed.
The period of detention suffered by the appellants during investigation, enquiry or trial shall be set off against the substantive sentence imposed upon
them under Section 428 of the Code of Criminal Procedure.
Copy of the judgment along with LCR be sent down to the trial court at once for necessary compliance.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.