ISRAFEEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Israfeel, sole appellant in this case, has assailed the judgment and order dated 27.5.2005 passed by Additional Sessions Judge, Court No. 5, Deoria in Sessions Trial No. 43 of 1997 (State v. Israfeel) arising out of Case crime No. 229 of 1996 under section 302 Indian Penal Code (in short, IPC) Police Station (in short, P.S.) Kasia, District Padrauna (Kushinagar) whereby appellant was convicted to life imprisonment and a fine of Rs. 10,000/- with default stipulation. Appellant was, however, acquitted under section 5 Explosive Substance Act by the impugned judgment.

(2.) According to prosecution, the family of complainant Gulab Chand Yadav (PW-1) and deceased Subhash Yadav held a customary house warming party in the evening of 18.5.1996 for their village friends and relatives. They had extended invitation prior to the event but again requested the village friends on the day of incident as well. In fact, they were busy in hosting the dinner as well as simultaneously calling people to attend it. It is said that at about 10:30pm, complainant Gulab Chand Yadav (PW-1) and his younger brother Subhash Yadav (deceased) went to fetch Rama Ashish (PW-2) and Santu Yadav son of Jagdev (PW-3). All of them were coming back to the residence of complainant to partake in the feast.

(3.) As they reached the residence of one Ram Avtar, appellant Israfeel emerged suddenly and threw three bombs upon Subhash injuring his left hand and back side. Allegation is that two bombs did not detonate while one bomb exploded and injured Subhash Yadav in the aforesaid manner.