LAKHAN MANDAL, TIRPIT MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for theAppellant and learned Counsel for the State.

(2.) The Appellant has been convicted for offence under Section 4 of the Explosive Substance Act and sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 100/- (one hundred) and in default to undergo simple imprisonment for seven days. The Appellant has further convicted under Section 323 I.P.C. but not sentenced.

(3.) The Fardbeyan recorded by S.I. at Nehra Tola Rajwara in the Dalan of Raghu Nandan Ram on 21. 12. 1980 at 6. 30 P.M. On the Fardbeyan of the informant, Ram Prit Paswan that he used to drive rickshaw and was going to his house along with Ram Bilas Paswan on the said village and reached near the toddy shop and he overtake another rickshaw which was going slowly and two persons were on the rickshaw they are Lakhan Mandal and Suraj Sahni, they started abusing the informant on which informant stop the rickshaw and then both persons came, Lakhan catch hold of his collar and Suraj Sahni catch hold of Ram Bilas Paswan (P.W.7) and start assaulted on which Mahabir Paswan (P.W. 6) (not examined) Jagdish Paswan (P.W. 5), Nunu Paswan (P.W.2), Soman Paswan (not examined) and other several persons came there and save the informant and Ram Bilas Paswan. The further case of the prosecution in the Fardbeyan that both accused Lakhan Mandal and Suraj Sahni took out bomb from their pocket and pointed on the informant and Ors. and threatened that who ever come to them, they will blast by bomb. All the persons flee away and informant also flees away out of fear of bomb in their hand. Thereafter, both Lakhan and Suraj went away on Rickshaw. After sometime Darogaji came and informant and Ors. disclosed him about the possession of bomb with Lakhan Mandal and Suraj Sahni. Further the case of prosecution that on disclosure, Darogaji chase Lakhan and catch hold of Lakhan Mandal near the toddy shop of Soman Paswan. The Daroga after catching hold of Lakhan brought him back to the informant and from possession of Lakhan Daroga took out the bomb and iron knife.