RAJESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals have been filed by the appellant -informant (PW-7 Rajesh Prasad) assailing the judgment and order dtd. 5/8/2009 passed by the High Court of Judicature at Patna in Criminal Appeal Nos.714, 747 and 814 of 2008 by which the judgment of conviction dtd. 26/6/2008 and order of sentence dtd. 30/6/2008 passed by the Additional District & Sessions Judge, Fast Track Court-V, Munger, has been set aside by allowing the aforesaid appeals and by accordingly answering the Death Reference No.13/2008 and consequently acquitting all the accused.

(2.) The Court of Additional District and Sessions Judge, Fast Track Court-V, Munger, (hereinafter referred to as the 'Fast Track Court') vide its judgment dtd. 26/6/2008 convicted the respondents herein viz., Upendra Ram, Mahendra Ram and Munna Ram. By order dtd. 30/6/2021, the Fast Track Court sentenced Upendra Ram to undergo imprisonment for life with fine of Rs.5000.00and in default of payment of fine he was further to undergo rigorous imprisonment for one year for the offence under sec. 302/34 read with sec. 120B of the Indian Penal Code (for short, the 'IPC') and also sentenced to undergo rigorous imprisonment for one year for offence under sec. 504 of IPC and further sentenced to undergo rigorous imprisonment for ten years each for the offence under sec. 3/4 of the Explosive Substances Act, 1908 and ordered that the sentences run concurrently. The Fast Track Court sentenced the accused viz., Munna Ram and Mahendra Ram to death under Sec. 302/34 read with sec. 120B of IPC and Sec. 3/4 of Explosive Substances Act, 1908, subject to confirmation by the High Court. The Fast Track Court however acquitted the other accused viz., Fantus Mandal, Dhappu Ram and Chandrabhanu Prasad.

(3.) It is the case of the prosecution that on Thursday, 10/3/2005, at about 5.00 pm, accused Mahendra Ram, Upendra Ram, Munna Ram, Dhappu Ram, all being sons of Kishori Ram and Chandrabhanu Prasad, with two other unknown persons proceeded towards the informant viz., Rajesh Prasad (PW-7) and protested that as the informant had opposed their illegal activities, his entire family would be blown off by a bomb. Accused Munna Ram threw a bomb at the informant's father Chhote Lal Mahto who was sitting in his betel (pan) shop. The rear portion of his father's head was blown off leading to his death. Accused Mahendra Ram threw another bomb against O.P. Verma and as a result thereof, his head was blown away and he died on the spot. Further, Upendra Ram hurled another bomb which missed injuring anyone else and exploded on the road. Then accused Chandrabhanu and Dappu Ram stated that they would proceed from there as their job had been completed and they tried to flee from the spot, but the furious public caught hold of an unknown person and assaulted him as a result of which he was seriously injured and he died. The accused, while fleeing away, threatened that their action was a result of opposition by the informant against the illicit sale of liquor by them and if anyone again obstructed their business, they would face similar consequences. Accused-Chandrabhanu Prasad helped the accused-Munna Ram to flee from the spot.