RAJAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant was convicted by the trial court under Section 302 read with Section 34 of the Indian Penal Code [IPC for short] and sentenced to undergo imprisonment for life. He was further convicted under Sections 3 and 5 of the Explosive Substances Act, 1908 [hereinafter referred to as the Act] and sentenced to undergo rigorous imprisonment for a period of 10 years on each count. The sentences were, however, ordered to run concurrently. On appeal being preferred, High Court upheld the conviction. Hence this appeal by special leave.

(2.) Prosecution case, in short, was that on 10-6-1983 at about 7.45 p.m. when Joginder Singh [PW-9] came back to his house, he found his brother-Bhola Singh sitting at the outer verandah of the house chatting with one Shobha Rai [DW-3]. At about 8.10 p.m. Joginder Singh heard sound of explosion and found that a bomb was thrown upon his brother-Bhola Singh. Thereafter he saw the appellant-Rajan Rai, accused Kameshwar Rai, Tileshwar Rai [since deceased], Sipahi Rai, Bankim Rai and Dasrath Rai having bags in their hands and throwing bombs on his brother as a result of which he fell down and succumbed to the injuries. PW-9 caught the appellant from his waist whereupon accused-Kameshwar Rai threw a bomb upon him. Ram Ayodhya Rai [DW-1] Ram Gobind Sau [DW-2] and DW-3 also sustained splinter injuries on their hands and legs during the course of the occurrence. The occurrence was also witnessed by some other persons who were present there. Thereafter, the accused persons fled away. Motive for the occurrence disclosed is old grudge and animosity. The Parsa Police Station was at a distance of 1/4th kilometer from the place of occurrence, as such Baban Prasad Singh, Sub-Inspector of Police, [PW-17], who was in-charge of the said Police Station on that day, upon hearing sound of bomb explosion along with other police officials came to the place of occurrence and recorded Fard-beyan of PW-9 at 8.25 p.m. in which the aforenoted facts were stated on the basis of which formal First Information Report [FIR] was registered at 9.30 p.m. on the same day in which names of all the six accused persons, including the appellant, were disclosed.

(3.) Police after registering the case took up investigation and on completion thereof submitted charge-sheet against all the six accused on receipt whereof cognizance was taken and all of them were committed to the Court of Sessions to face trial. As the appellant-Rajan Rai was absconding, his trial was separated from that of other five accused persons, out of whom Tileshwar Rai died before the commencement of trial, as such, the trial proceeded against the remaining four accused persons and the same was registered as Sessions Trial Nos. 245 of 1983 and 20 of 1984.