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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 4962 of 2006
Petitioner :- Anil @ Bablu Srivastava
Respondent :- State Of U.P.
Petitioner Counsel :- M.P. Singh Gaur
Respondent Counsel :- Govt. Advocate
AND
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3819 of 2006
Petitioner :- Mohd. Jama @ Salim
Respondent :- State Of U.P.
Petitioner Counsel :- Lal Prabhakar Singh,G.R.S. Pal
Respondent Counsel :- Govt. Advocate
Hon'ble Shri Kant Tripathi,J.
1. Heard Mr. Gaj Raj Singh Pal for the appellants Anil @ Bablu Srivastava and Mohd. Jama @ Salim and learned AGA for the State and perused the record.
2. These two appeals relate to the same incident, hence they are disposed of by this common order.
3. The appellants Anil @ Bablu Srivastava and Mohd. Jama @ Salim have preferred these appeals against the judgment and order dated 30.06.2006 rendered by Sri D. K. Srivastava, the then Additional Sessions Judge / Special Judge (Dacoity Affected Area), Court No. 3, Budaun in Special Sessions Trials No. 2 of 2003 and 118 of 2003, whereby the learned Special Judge has convicted and sentenced each of the appellants under section 412 I.P.C. to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 50,000/- and in default of payment of fine to undergo additional imprisonment of three years.
4. The prosecution story leading to this appeal in nutshell is that on 19.04.2002 Mr. Pramod Kumar Agrawal, Assistant Administrative Officer, Life Insurance Corporation of India, branch Budaun, went to the Oriental Bank of Commerce, branch Indrachowk, Budaun on his car to deposit Rs. 3,69,073/- along with the Life Insurance Corporation of India's officials Saligram and Ram Prakash. The aforesaid amount had been kept in a locked iron box. He reached the bank at about 1.15 P.M. When he came out of the car, one miscreant shot at the aforesaid official Saligram and snatched away the entire cash amount of Rs. 3,69,073/-. The miscreant after snatching away the cash amount moved towards an already started motorcycle lying near the car under the control of another person who had been waiting for the miscreant who robbed the case box, and, thereafter, both of them fled away on that motorcycle towards Indrachowk. There were two other miscreants on a different motorcyle, who also fled away following the first motorcyclists. It further appears that all the miscreants had prior information regarding the aforesaid cash amount and had arrived in the bank in advance to commit the robbery. The Assistant Administrative Officer, Mr. Pramod Kumar Agrawal, lodged the F.I.R. Ext.Ka-1. on the same day at about 14.15 hrs. at the Police Station-Civil Lines, Budaun, on which basis the police registered the case vide crime no. 339 of 2002 under sections