GARIB Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 29.11.1982 passed by the then Additional Sessions Judge, Mirzapur in Sessions Trial No.156 of 1981 (State Vs. Garib) P.S.Vindhyachal, District Mirzapur whereby the appellant was convicted under Sections 307 and 324 of Indian Penal Code (in short I.P.C.) and sentenced to undergo rigorous imprisonment of four years and two years respectively in aforesaid offences. However, both sentences were directed to run concurrently.

(2.) Prosecution case in short is that on 19.8.1980 complainant, Munna was busy in making arrangements for pilgrims in his capacity as Pariwal at Vindhyawasini Devi temple district Mirzapur around 3 pm. It is stated that appellant, Garib also arrived there and threw a bomb upon the complainant, Munna from northern stairs of the temple. The complainant hid himself behind the pillar of temple and thereby saved himself. But a constable of Provincial Armed Constabulary (in short P.A.C.) namely, Ram Asre Singh (P.W. 5) sustained minor injuries in his left hand from splinters of the bombs. Police Station Vindhyachal is nearby, therefore, a prompt F.I.R.(Ex. Ka-1) was lodged at 3:30 p.m. Injured Ram Asre Singh (P.W. 5) also accompanied complainant, Munna (P.W. 1). A chick report (Exh. Ka-3) was carved out. The incident was investigated by Chandra Bhan Dubey (P.W. 6). During course of investigation, the remains of exploded bombs(Ex.-1) were also collected and sealed in the presence of witnesses after preparation of memo of recovery as Ex. Ka-6. The constable Ram Asre Singh was examined by Dr. Amichand Gupta (P.W. 4) on 19.8.1980 at about 8:25 pm. and medical report was prepared as Ex. Ka-3. The medical report contains following injuries on the person of Ram Asre Singh:

(3.) On completion of investigation, the trial court framed charges against the appellant under Sections 307 I.P.C. and 324 I.P.C. The appellant denied charges and claimed to be tried. During course of trial prosecution examined six witnesses, namely, complainant, Munna (P.W. 1), Moti (P.W. 2), Diwakar Mishra (P.W. 3), Dr. Amichand (P.W. 4), Constable Ram Asre Singh, injured (P.W.5) and Chandra Bhan Dubey (P.W. 6). On conclusion of prosecution evidence, the statement of appellant, Garib was recorded under Section 313 Cr.P.C. wherein he denied all allegations but conceded that he was employee of one Lal Saheb and also admitted that there was enmity between Chhabile, father-in-law of complainant, Munna and his employer Lal Saheb. No evidence was given on behalf of appellant in defence. On conclusion of trial, the trial Judge found sufficient evidence against the appellant, Garib and therefore, convicted him under Sections 307 I.P.C. and 324 I.P.C. as aforesaid vide judgment and order dated 29.11.1982. This judgment is under challenge before this Court in this criminal appeal.