P. 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, Anr. passenger lost both of his legs and about twelve passengers sustained grievous injuries and some of them became deaf.

(2.) ACCORDING to the prosecution case, the bus, "Sri Ganesh", bearing registration No. OAG -7959 was traveling 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 the juncture a explosion took place inside the bus thereby causing serious bleeding injuries on the person of the passengers traveling 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.) TO substantiate their case the prosecution got examined as many as twenty eight witnesses. Out of them P.Ws. 1,2,3,4,5 and 6 were travelling in the bus as passengers, when the explosion took place near Digapahandi Bus Stand. They have vividly described the occurrence and had sustained grievous injuries. P.W.7, was the doctor who had treated several passengers, who had received grievous injuries in the explosion. The injury report furnished by him were marked as Exts. 1 to 14. P.W.8 was Anr. doctor and had also examined some of the injured persons. The injury reports furnished by him were marked as Exts. 15 to 19. P.W.9 was also a doctor, who had treated several passengers and the injury certificates granted by him were marked as Exts. 21 to 26. P.W.10 was the Scientific Officer of DFSL, Chhatrapur. he conducted investigation and collected the remnants of the exploded bombs which were marked as M. Os. l to IV. He had also collected several other materials. P.W.11 was the doctor who conducted autopsy of the deceased, Sarat Ch. Naik. The post mortem report was marked as Ext. 30. P.W. 12 was the conductor of the bus and had lodged the F.I.R. P.W.13 was the helper of the bus. P.W.14 was the truck driver, who was examined to prove motive. P.W. 15 was the seizure witness in whose presence Police led by the accused to recover explosive materials. P.W.16 was also witness to the seizure. P.W.17 was the Sarpanch of Chheligada Grama Panchayat, P.W.18 was also a seizure witnesses. P.W.19 was a passenger in the bus. P.W.20 was the injured who lost his legs. P.Ws. 21 and 22 were the passengers of the bus, who sustained injuries. P.W.23 was the Police Constable, who identified the dead body and took the body for post mortem. P.W.24 was the Reserve Sub -Inspector, who had sent the injured persons to the Hospital. P.W.25 was a Police Sergeant, who recovered three live bombs, and defused the same. He also recovered other incriminating materials from the spot. His report is marked as Ext. 42. P.W.26 was the A.S.I, of Police attached to Digapahandi P.S., who accompanied P.W.24 to the spot after the occurrence and sent 28 injured passengers of the bus to M.K.C.G. Medical College -Hospital for treatment. He also conducted the inquest over the deadbody, vide Ext. 31. P.W.27 was the O.I.C., Digapahandi P.S. and was the Investigating Officer of the case. P.W.28 was the Asst. Surgeon, who treated one of the passenger.