BIREY Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS, who are five in number namely Birey, Anil Kumar, Hori Lal, Shyam Chandra and Mani Shanker in these two connected appeals have challenged their conviction under sections 148, 307/149 I.P.C. and section 3 Explosive Substances Act, 1908 and imposed sentences of two years RI on the first count, three years RI for each on the second and third counts. All the sentences were directed to run concurrently by the trial Judge / IV Additional Session's Judge, Mirzapur, which he had passed in S.T. No. 140 of 1979, State Vs. Shyam Shanker and others vide impugned judgment and order dated 20.8.81. Since both the appeals arises out of the same judgment, they were clubbed together and are being disposed off by this common order.

(2.) PROSECUTION allegation against the appellants as was scribed by the informant Chhabile Mishra P.W. 7 were that he had animosity with accused Gore Lal, Shyam Chandra, Hori Lal, Ravi, Shyam Shanker, Birey, Anil Kumar and Mani Shanker. Numerous litigations were pending in between them because of which, on 3.1.79 at 3.15 p.m., when informant was returning to Vindhyachal from Mirzapur along with Gangeshwar Prasad Mishra @ Gangeshwar Panda, in Jeep No. UPL 3482 owned by Moti Chandra and driven by Lalli @ Kalika Prasad P.W. 2 and, when they reached near Bojhla Kalvert, near cow shed and a well, then all of sudden from the ambush, appellant accused Mani Shanker, Shyam Chandra, Anil Kumar, Hori Lal, Birey, Shyam Shanker, Ravi and Gore Lal appeared at the scene and first five accused started hurling bombs with a motive to annihilate informant.

(3.) INVESTIGATION into the crime was conducted by aforesaid SI Kabit Narain Singh P.W. 9, who at the pointing out of the informant, conducted spot inspection, prepared site plan Ext. Ka-20, seized roadster (Ikka) and gave it in custody by preparing memo Ext. Ka-21. Potato bags, which were laden on the said roadster were also seized by the I.O. and were given in custody regarding which Ext. Ka-22 was prepared. Blood stained and plain earth were taken by the I.O. vide Ext. Ka-23. Pieces of lead and splinters of bombs were also seized vide recovery memo Ext. Ka-24. Jeep No. UPL 3482 was also seized and was given in the custody of the informant vide Ext. ka-25. From the spot, I.O. also recovered a cloth bag and a live bomb and had sealed it by preparing recovery memo Ext. Ka-26. Concluding investigation, he had laid a charge sheet against the accused vide Ext. Ka-27. Cloth bag was exhibited as material Ext. 13, towel material Ext. 14, splinters of bombs material Ext. 15, blood stained charcoal Ext. 16 and plain charcoal Ext. 17 have been proved by the I.O. P.W. 9.