QAYUM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THE Appellant has been convicted under Section 307 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act and sentenced to rigorous imprisonment for five years under first two counts and three years and sentenced to rigorous imprisonment for three years under Section 4 of Explosive Substance Act by the Additional Sessions Judge - I, Gaya, by a Judgment dated 14/17.6.1995 passed in Sessions Trial No. 1411 of 1988/1 of 1993.

(3.) THE case of the prosecution is that on 31.1.1986, the Appellant allegedly threw a Bomb on the Informant but the same did not hit him and it dashed against the boundary wall of the cinema hall. The prosecution in all examined six witnesses out of whom PW-6 is the Informant himself whereas PWs. 1 and 2 on the factum of 2 the occurrence. Similarly, PW-3 is also not the eye witness to the occurrence.