STATE OF ORISSA Vs. KABULI @ BHAGYADHAR MANGARAJ

JUDGEMENT

(1.) This Government Appeal is directed against the Judgment and order of acquittal dated 30.11.1994, passed by the 2nd Additional Sessions Judge, Bhubaneswar, in S.T. Case No. 6/92 of 1994, acquitting the accused -Respondent from the charges Under Sec. 9(b) of the Explosives Act and Sec. 302 Indian Penal Code.

(2.) The case of the prosecution, in brief, is that on 12.04.1993 at abut 7.30 P.M., a phone message was received at Sahid Nagar Police Station that there was a bomb blast in front of the Stock Exchange Building, Bhubaneswar, in which one person has been seriously injured. On receipt of such information, the I.I.C., Sahid Nagar P.S along with other police officers rushed to the spot and found Kishore Jena was lying dead with multiple injuries on his body. At the spot, Sikhar Jena, brother of the deceased Kishore Jena was present and submitted a written report (Ext.9) before the I.I.C. The said report revealed that since the year 1983 there was strained relationship between the family of the informant and that of the accused and they were in litigating terms for some property of a deity and in that connection, the cousin brother and father of the informant were murdered and in those murder cases, some of the family members of the accused were convicted. Besides that, at the time of auction of Keshura Balighat there was some dispute between the parties and at that time, the accused and his brother had threatened to commit the murder of the informant and his family members. On 12.04.1993 between 7.15 P.M. to 7.20 P.M., while the informant was present in a tyre repairing shop for filling pressure in his scooter, the deceased Kishore Jena along with his friend Prabir Maharathi (P.W.1) came to the betel shop of Panchu Jena (P.W.3), situated near the spot and purchased cigarette . While the deceased Kishore Jena was returning from the shop, talking with Pradipta Maharathi (P.W.2), at that time, the accused Kabuli @ Bhagyadhar Mangaraj along with his brother Kuna Mangaraj and friend Bhagirathi Behera arrived in a scooter and all on a sudden, accused Kabuli threw a bomb aiming at the deceased Kishore Jena and due to explosion of the bomb, Kishore Jena fell down on the road. As soon as he fell down, all the three accused persons assaulted him by means of sword and bhujali. Seeing the incident, as the informant raised hullah, the accused persons fled away in their scooter. The informant came near his brother Kishore Jena and found him lying dead with multiple injuries over his dead body.

(3.) On the written report of the informant, the case was registered and investigation was taken up. Inquest and post -mortem were conducted over the dead body, some incriminating materials like a broken portion of the sword, materials of the exploded bomb and the blood of the deceased were seized from the spot and the accused Kabuli @ Bhagyadhar Mangaraj was arrested. While in custody, the accused gave discovery of the other broken part of the sword. The wearing apparels of the accused as well as that of the deceased were seized and the materials objects were examined by the experts. After completion of the investigation, charge sheet was filed against the accused -Respondent and three others, showing them as absconder. As the attendance of the other three accused could not be procured, the case was committed to the Court of Sessions against the accused -Respondent alone.