D DANDASI REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) ON 6th September 1993 at about 6. 30 p. m. there was an explosion of a bomb planted inside a passenger bus known as "sri Ganesh" near digapahandi Bus Stand. Consequent upon such explosion one innocent passenger lost his life, another passenger lost both of his legs and about twelve passengers sustained grievous injuries and some of them became deaf. On the basis of an FIR lodged by P. W. 12, the conductor of the bus, the Officer -in -charge of Digapahandi P. S. registered a P. S. case which was subsequently converted to g. R. Case No. 186/1993 of the Court of j. M. F. C. , Digapahandi and started investigation. The incident was intimated to the police headquarters and within hours a Scientific Team was deputed to the spot. They collected insulated electrical conductors, broken battery pieces, jute pieces, broken tin pieces, half burnt resin pieces and other articles from the spot of occurrence/explosion. Photographs of the damaged bus were also taken.

(2.) ACCORDING to the prosecution case, the bus, "sri Ganesh" bearing registration No. OAG-7959 was travelling from the village jirango to Berhampur via Digapahandi. It reached Digapahandi Bus Stand at about 6. 00 p. m. and several passengers alighted from the bus to take tea. After some time the driver and conductor, who had also got down to take tea, returned and made preparation to leave. The driver started the bus and all passengers got into the bus. At that juncture a explosion took place inside the bus thereby causing serious bleeding injuries on the person of the passengers travel-ling in the bus, some of the passengers also became unconscious. One Sarat Ch. Naik sustained grievous injuries and was shifted to the M. K. C. G. Medical College-Hospital for treatment, but then on the way he succumbed. Pradeep Kumar Brahma, P. W. 20, sustained grievous injuries and his legs had to be amputated below the knee. Many other passengers also received serious injuries.

(3.) IN course of investigation Police got the clue and arrested the accused-appellant. It is alleged that some live bombs were also seized and were sent for examination. The accused-appellant while in Police custody confessed his guilt and pursuant to his confession, different materials for preparation of bombs were recovered from his house and the same tallied with the remnants of the exploded bombs. The injured persons were treated by doctors and post-mortem of the dead persons was conducted. After investigation charge-sheet was submitted against the accused-appellant for commission of offence under Sections 286, 337, 338, 427 and 302 of the Indian Penal Code and under Section 3 of the Explosive Substances act. After commitment the Sessions Case being S. C. No. 24/1994 (S. C. No. 21/94 g. D. C.) was tried by the learned 1st Addl. Sessions Judge, Berhampur.