AHMAD MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This jail appeal has been preferred against the Judgment and order dated 13th of July, 1994 passed by the Sessions Judge, Gopalganj in Sessions Trial No. 106 of 1993 convicting the appellant under Section 307 of the Indian Penal Code (hereinafter referred to as the I.P.C) and sentenced to undergo R.I. for 10 years. The appellant was charged for and tried by the Court below for the offence under Section 307 of the IPC. and Section 3 of the Explosive Substances Act but the Court below acquitted the accused-appellant under Section 3 of the Explosive Substances Act on the ground that there was no sanction order for the prosecution under this Act against the accused.

(2.) The brief facts of the case are that on 20.4.1992 at village Barwa, Kaparpura, P.S. Mirganj, District Gopalganj, the informant Abdul Majid (P.W. 5) was setting iron plate in his cot under the Neem tree near the house of one Lallan Mian Accused Ahmad Mian came there and gave lathi blow on his right shoulder, thereupon, Md. Anis caught hold of accused Ahmad Mian and snatched his lathi. Thereafter, accused-appellant took out one bomb from his pocket and threw it on the informant which hit the house of Anis Mian. At the same time, the wife of the informant Julekha Khatoon (P.W. 4) came there to rescue her husband but Ahmad Mian threw another bomb which caused serious injury on the left arm and rib of Julekha Khatoon wife of the informant. On hulla several persons arrived and the accused-persons fled away. The injured was removed to the hospital. The motive of the occurrence is previous enmity in between the informant and the accused. In the hospital, the fardbeyan of the informant was recorded and on its basis the case was registered. After investigation charge-sheet was submitted and after commitment the trial proceeded in the Court below.

(3.) The case of the defence is total denial of the occurrence and of false implication in this case.