AWADHESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal No. 728 of 2008 has been filed on behalf of appellant-convict, Awadhesh Singh, Cr. Appeal No. 838 of 2008 has been filed on behalf of appellant-convict, Santosh Singh, Cr. Appeal No. 863 of 2008 has been filed on behalf appellant-convict, Manoj Kumar Singh and Cr. Appeal No. 1091 of 2008 has been filed on behalf of appellant-convict, Guddu Singh against the common judgment of conviction dated 1st July 2008 and sentence dated 2nd July 2008 passed by Sri Narayan Prasad Singh, Additional Sessions Judge, FTC-IV, Sheikhpura, Munger in Sessions Trial No. 256 of 2004/40 of 2008 convicting the appellant named above under Sec. 302 of the Indian Penal Code as well as 3/5 of the Explosive Substance Act and further directed each of them to undergo RI for life as well as appellant-convict, Monoj Kumar Singh, Santosh Kumar Singh and Guddu Singh independentally had been directed to undergo RI for life under Sec. 3/5 of the Explosive Substance Act and further directing the sentence to run concurrently. All these four appeals have been heard together and are being disposed of by a common judgment.

(2.) One of the deceased, Binay Kumar gave his fardbeyan while he was admitted at the Nursing Home of Dr.K. Purusottam at Sheikpura on 18.04.2001 at 7:00 P.M. (Exhibit-4) disclosing therein that on the same day at about 12 noon while he along with Manoj Kumar Singh S/O Naresh Singh, Rajeev Kumar S/O Dani Singh, Police Kumar S/O Shyamli Singh, Umesh Singh S/O Nikhedi Singh was playing cards near Kehuli tree, south to Shiv Mandir, all of a sudden, his co-villager, Awadhesh Singh S/O Kishundev Singh, Guddu Singh, Santosh Kumar, Rajendra Singh, Manoj Kumar Singh, Niranjan Singh came and on an order of Awadhesh Kumar, Guddu Singh, Santosh Kumar Singh, Manoj Kumar hurled bomb. Then, thereafter, they escaped and during said course they have also fired. He along with his other companions have sustained bomb injury. After hearing sound of explosion, his brother Bipin Singh and co-villager, Shambhu Singh, Dukhi Singh along with others came and have seen the accused fleeing therefrom. Subsequently, they were taken to Sheikhpura for treatment where Manoj Kumar died during course of treatment. The genesis of occurrence has been disclosed as one of the booths for Mukhia election has been identified at Middle School, Ekadha lying behind his house and to facilitate booth capturing by the accused persons, they have committed such offence.

(3.) As the investigation of this case was taken up in an unusual manner and its repercussion will be dealt with at the later part of the judgment save and except incorporating the fact that from the evidence of PW-11, Ramesh Kumar Sharma, it is evident that after coming to know about the occurrence on 8.4.2001 at 2:10 P.M. he rushed to village-Ekadha after entering station diary no.304 dated 18.04.2001 and as none was eager to record fardbeyan therefore, he proceeded with the investigation simultaneously informing the O/C of Sheikpura P.S. to record fardbeyan of one of the injured admitted at clinic of Dr.K. Purusottam at Sheikpura on the basis thereof Exhibit-4 was recorded by PW-12, Mithilesh Kumar Jaiswal. O/C of Sheikhpura P.S. which was later on transmitted to Ariari (Chewara) P.S. for registration and on the basis thereof Ariari P.S. Case No. 70/2001 was registered.