SUBEDAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. He has been further convicted under section 3/4 of the Explosive Substances Act (hereinafter referred to as 'the Act ') and sentenced to undergo rigorous imprisonment for seven years. However, both the sentences have been ordered to run concurrently.

(2.) THE prosecution case, in short, is that informant, Inderdeo Singh gave his Fardbeyan at Tekari State Dispensary on 23.10.84 at 8.45 P.M. before the police of Tekari P.S. that on the same day at 6.30 P.M. he was going from his house to the shop of Bifan Sao for purchasing tobacco and as soon as he reached near the shop of Mahendra Sao, he found Lakhi Chand Mallah, Pyare Kandu and and appellant Subedar Paswan who were quarrelling with Mahendra Sao for cigarette. In the mean time Lakhi Chand Mallah and his two companions went to the house of Subedar Dusadh and brought bombs and exploded it in front of the shop of Mahendra Sao which caused injuries in his chest and to Chhatrabali Sao and Sunita Kumari who were standing there. It has been further alleged that three bombs were thrown. Mahendra Sao, Tuleshwsr Yadav and Naresh Singh are said to have seen the occurrence. On the basis of the Fardbeyan formal F.I.R. was drawn up and after completion of investigation the police submitted charge sheet against the accused. Cognizance was taken and the case was committed to the court of sessions for trial which concluded with the result as indicated above. Hence this appeal. The appellant pleaded not guilty.

(3.) P .W. 5 the informant has fully supported the case of the prosecution as stated in his Fardbeyan. According to him, one day prior to Dipawali at 6.30 P.M. he was going to the shop of Bifan Sao for purchasing tobacco. When he reached in front of the shop of Mahendra Sao (P.W. 2) he saw accused Subedar Paswan, Pyare Kandu and Lakhi Chand Mallah were quarrelling for cigarette with Mahendra Sao. They were demanding cigarettes free of cost. When Mahendra Sao refused to give cigarette free of cost, the appellant rushed to his house saying that he will teach him a lesson and from his house he brought a bomb and exploded it in front of the shop of Mahendra Sao, which caused injury on his chest and also P.Ws. 1 and 3 were injured. Thereafter they were taken to State Dispensary Tekari where the police came and his Fardbeyan was recorded in presence of P.Ws. 1 and 3. The other injured P.Ws. 1 and 3 have also supported the version of the informant. P.W. 1 has stated that she received injury in her leg, P.W. 3 has stated that he received injury on his leg.