STATE OF WEST BENGAL Vs. NAGESWAR SHARMA

JUDGEMENT

(1.) THIS appeal preferred by the State is directed against a judgement dated 29th April, 1987 passed by the learned Additional Sessions judge, 1st Court, Howrah, in Sessions Trial No. XXI (4) of 1985 arising out of howrah P. S. Case No. 45 dated 25. 3. 1981 (G. R. 1099 of 1981) by which the learned Trial Court acquitted the accused (1) Nageswar Sharma, (2) Bhutnath sharma, (3) Paresh Shaw @ Parash, (4) Uttam Shaw, (5) Gopal Prasad Sarkar @ Phatik, (6) Bhagat Shaw, (7) Dilip Shaw @ Sanatan and (8) Md. Kayum of the charges under Section 302 of the Indian Penal Code read with Section 149 of I. P. C. / 324 read with sections 148. 149 of the Indian Penal Code. The accused Nageswar, Gopal and Paresh were also charged under Section 9b (2)of the Indian Explosives Act.

(2.) THE facts and circumstances of the case briefly stated are as follows :-The family members of the party of the complainant were residents of premises No. 326/1 Belilious Road within the territorial jurisdiction of Howrah police Station. The accused Nageswar was their neighbour. There was long standing dispute between the two families. In a criminal proceeding in which nageswar was interested, P. W. 8 Jagar Singh was the accused. The accused parash and Gopal were witnesses in that case. Jagar was acquitted by the trial Court. An appeal preferred by Nageswar was pending on 25th March, 1981.

(3.) ON the aforesaid day in the morning at 7. 30 hours Sarban (P. W. 6), a brother of Jagar was talking to P. W. 5 Suresh standing on the Belilious road. From the Belilious Road, there is a blind lane which is known as 'vistipara' but the address of that house is 326/1, Belilious Road. While P. W. 6 Sarban and P. W. 5 Suresh were talking with respect to their commercial matters, sarban was attacked by the accused persons aided by 4/5 others. A hue and cry was raised. The family members of Sarban including female folks rushed to the place of occurrence, Sarban was rescued. The accused Hadis was armed with a knife. He had tried to assault Sarban with that knife but due to timely intervention of Jagar the injury was prevented, the knife was snatched and thrown in the nearby lane. After the victim Sarban was rescued, the members of the party of the complainant turned back to go home when a bomb was thrown from behind which landed in front of Vimla (PW 3 ). Soon thereafter, another bomb was thrown which landed behind Gurdev and hit his back including buttock. The victim Gurdev was scantily dressed in an underwear. The impact of the bomb was so high that the underwear fell down on the road. Gurdev was seriously injured. Four other family members namely p. W. 3 Simla, P. W. 4 Jashbinder, P. W. 6 Sarban and P. W. 8 Jagar were also injured.