Pravin vs State Of Madhya Pradesh

3. A broad day-light dacoity took place on 8.9.2003 on Dena Bank situated at Bapat Chauraha, Indore. According to the complaint lodged by Ashok Kumar Dubey (PW-1), Branch Manager, Dena Bank, at about 12.20 in the noon, two unknown persons had entered in his cabin and one of them took out revolver from his shirt and pointed towards him, pushed him out of the cabin and took him to the hall. The other associates of the said persons, who were present there, asked the other members of the staff and about 30-40 customers to stand in the hall with their hands raised upwards by pointing pistol towards them. One of the associates stood at the gate of the bank with pistol while other associates covered the other persons in the hall. The fifth associate, who appeared to be their leader, had come inside the bank and asked for the keys of the strong room. He took one Mahender Chauhan towards safe by pointing pistol at him while the other persons were asked to sit on the floor of the hall. After about 10- 15 minutes, two accused persons had come out with the bags filled with notes from the safe. They had snatched one bag from Sh.S.M. Dholey, staff member of the bank and stuffed it with the bundles of notes from cash counter. The accused then directed all the persons present there to move to the gallery of toilet and shut them in a room. They threatened that if anyone used phone, then they would shoot such person. Before that they had collected the mobile phones of all the customers which they threw outside the bank. The mobile phones of two of the customers were, however, not found. The accused persons put lock on the gate of the bank and ran away. One customer, namely, Ashish Goyal broke the window panes towards the road and attracted the attention of the people. He only had given information to the Police Control Room on Telephone No.100. The total amount looted was about Rs.13,95,720/-.

6. The present accused came to be arrested on 26.9.2003, i.e., barely within 18 days of the incident. Accused Harish was arrested on 8.10.2003. On the basis of the discovery statement made by accused Praveen, the registration documents of the Motorcycle, copy of the Dainik Bhaskar Newspaper which had published the news regarding the dacoity, one letter regarding the sale of Jeep No.MP-09-N-5946 by Atul Parmar to Praveen Sharma and another letter regarding sale of jeep and 18 other items were seized. Similarly as per Seizure Memo (Exhibit P-18) one country made Katta of .12 bore, 4 cartridges, 40 bundles of Rs.10/- denomination notes, totaling Rs.40,000/- which were bearing the slips of Dena Bank and seal of S.A.C were also seized. One Slaty Colour Mahendra Jeep without number was also seized from the accused. Similarly 280 slips of Dena Bank and other banks used on bundles of notes, 38 torn slips of S.M.S, 144 full slips of S.M.S., 159 plastic paper for tying bundles, 58 rubber rings, 160 thin rope of jute, 34 ordinary jute rope, 2 number plate of jeep MP-09-N-5945 and one broken lock were also recovered from the accused. The Motorcycle of Hero Honda make bearing registration No.MP-04-AN-7916 was also seized. One black Rexene bag containing driving licence of Shri S.M. Dholey in a polythene bag, report of bank loan of Navlakha Dena Bank of Shri Dholey were recovered from accused Harish Kumar Singh.

7. A Test Identification Parade was held in respect of both the accused persons wherein they were got identified by Prosecution Witnesses, they being Daman Singh (PW-5), Surendra Kumar (PW-4), Mahendra Chauhan (PW-10) and Ashok Kumar Dubey (PW-1). According to the prosecution Darshan Singh (PW-5) identified both the accused persons correctly. Ashok Kumar Dubey (PW-1) also had identified both the accused persons correctly. Mahendra Chauhan (PW-10) and Surendra Kumar (PW-4) had identified accused Harish correctly but they had not identified accused Praveen correctly. The identification proceedings about bag were also conducted and the bag was got test identified. Ultimately, on the basis of the investigation, the charge-sheet came to be filed for committing offences under Sections 395, 297, 450 IPC and Sections 25 and 27 of Arms Act. The charge-sheet also recorded that the other accused persons, namely, Anand, son of Mohanlal, Shashikant and two other accused persons were absconding and the investigation was continuing against them. One Shashikant, son of Dadnath was also involved, however, during the investigation it came to be reported that he had died in a police encounter. Charges were framed against the accused persons. They denied their involvement in the commission of crime and claimed false implication. Defence of Harish was that on the day of incident he was present in the Block Head Office of Faizabad and on that day he had purchased a truck for which documents have been prepared and that the police had falsely implicated him. He also pointed out that the police had shown his photographs to the witnesses in the Test Identification Parade. The defence of accused Praveen was that since the police could not apprehend the actual accused persons, he was being falsely implicated in the case.

29. In the above circumstances we do not find any merits in this appeal and the same is accordingly dismissed.