GOPAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Gopal Ram has been convicted under section 302 of the Indian Penal Code for causing death of Sadashiv Paswan, under Section 307 of the Indian Penal Code for attempting to commit murder of the informant Bimla Devi and under Section 3/5 of the Explosive Substances Act for causing explosion to endanger life and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for ten years under Section 307 of the Indian Penal Code but no separate sentence has been awarded under Section 3/5 of the Explosive Substances Act. The sentences were ordered to run concurrently. The order of conviction and sentence was passed by Additional Sessions Judge XII, Munger in Sessions Case No. 45 of 1985.

(2.) THE fardbeyan (Ext.3) of Bimla Devi led to registration of Lakhisarai P.S.Case No. 98 of 1984 for offences under Sections 302 and 324 of the Indian Penal Code and under Section 3/5 of the Explosive Substances Act. THE fardbeyan was recorded by S.I. Sri V.N.Jha (P.W.6) at Mananpur Bazar at 9.45 P.M. on 19.03.1984 wherein informant Bimla Devi in presence of her Dewar Ram Snehi Paswan (not examined) and cousin father-in-law Bundi Paswan (not examined) has narrated that at about 8.30 P.M. her husband was sitting on a cot inside the Angan. THE informant brought water for him and offered him to drink. At that very time, Goapl Ram (appellant) having bombs in his hands crossed inside through eastern side of Angan and threw a bomb upon the head of her husband, as a result thereof the entire portion of the skull over neck blew off and he died at the spot. When the informant wanted to catch the accused he again threw another bomb on her but it missed and exploded on the ground but its splinters caused injuries on her face, chest, hands and thigh. On hearing of her cry, Md.Sultan (not examined), Nand Kishore Yadav and many other persons of the locality came and witnessed the occurrence. THE motive behind the occurrence was the land dispute between the cousin father-in-law Mishri Ram of the deceased and the appellants father Jageshwar Ram. After fardbeyan, inquest report (Ext.5) was prepared and in course of investigation, post mortem report Ext.7) was received, sanction order (Ext.2) for prosecution under the provision of Sections 3/5 of the Explosive Substances Act was received from the District Magistrate, Munger, seizure lists ( Exts.6 and 6/1) were prepared and statements of the witnesses were recorded. THE case was found to be true and thereafter chargesheet was submitted. Charges under Section 302 of the Indian Penal Code for having intentionally caused the death of Sadashiv Paswan by means of bomb, under Section 307 of the Indian Penal Code for having committed attempt intentionally to cause death of the informant Bimla Devi by the same means and under Section 3/5 of the Explosive Substances Act for possessing and using explosive device were framed and the same were explained to the accused who pleaded innocence and preferred to face trial.

(3.) THIS court is required to reappraise the evidences on record and to see as to whether the prosecution was able to prove the charges beyond the shadow of all reasonable doubts against the appellant.