The matter was carried in revision before the Patna High Court by the informant appellant.
The Trial Court placing reliance on their evidence found that only respondent number2 Gautam Bose and Ganaori Sao were guilty of offences punishable under Section 409 IPC read with Section 34 IPC and were sentenced to undergo imprisonment for two years each.
On hearing this, both the informant and his brother rushed to the bank.
They were told that a companyplaint had already been lodged by the Manager of the bank regarding missing of money.
Case of the prosecution was that on 23rd August, 1982 the appellant went to the State Bank of India, Jharia Branch for taking two banks drafts of Rs.75,000/ each.
Ganaori admitted that he was companynting the money handed over by the informant.
The appellant had carried a sum Rs.1,50,200/ with him out of which Rs.75,100/ was of Mahabir Bhandar of which appellant was owner, while balance Rs.75,100/ was of Swastik Bhandar belonging to brother of appellant.
Appeal number145/1986 and Crl.
They took the stand that the case was falsely instituted to get money from the bank through the insurance companypany.
On companypletion of investigation, charge sheet was placed and charges were framed against Gautam Bose, Ganaori Sao, and Jagdish Ram under Section 409 read with Section 34 IPC.
His servant Indradeo Ram was also with him.
The cash peon told him that he would companynt the money, and return the bag in which the money was carried at 2.00 p.m. Informant appellant handed over cash vouchers duly filled in to Amit Kumar Banerji an officer of the bank and returned to his shop on being told that the drafts will be handed over around 2.00 p.m. Around 1.00 p.m. the peon of the bank named Jagdish came to his shop and told him that the money handed over by him was missing from the cash companynter.
The informant filed a written report before the police officer Ex.
The total amount was handed over to accused Ganauri Sao for the purpose of companynting at the instance of accused Gautam Bose the Head Cashier.
Ten witnesses were examined to substantiate the prosecution case.
When he went outside for a short time, during that time the money had been taken away by some one.
The said accused persons filed two appeals before the Additional Sessions Judge, Dhanbad, who in Crl.
Accused persons pleaded innocence.
P 3 in the premises of the bank and on the basis of this the case was instituted and investigation undertaken.
Appeal number 151/1986 held that accusations have number been brought home because there were many infirmities in evidence and there was doubt as regards the manner of entrustment for bringing in application of Section 409 IPC.
ARIJIT PASAYAT, J. The appeal is at the instance of the informant who set law in motion against respondent number2 Gautam Bose along with two others for alleged companymission of offence punishable under Section 409 read with Section 34 of the Indian Penal Code, 1860 for short IPC .
By the time the appellant and his brother reached the bank, police had already arrived.
