BHAGWAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was prosecuted along with one Ram Kishun Das for offences punishable under Section 307/34 of the Indian Penal Code and also under Section 3/5 of the Explosive Substance Act, 1908. As Ram Kishun Das died during pendency of trial, proceeding against him was dropped and it is how that the appellant alone was put on trial, who suffered conviction under Section 307 of the Indian Penal Code and also under Section 3 of the Explosive Substance Act and was sentenced to suffer rigorous imprisonment for ten years each under both counts with a direction that both the sentences shall run concurrently.

(2.) THE factual matrix as appearing in the fardbeyan of Ram Bali Rai (P.W. 3), was that on 14th January, 1980, while he was scraping the leaf from the sugarcane in the field along with his brother Amar Nath Rai, Ram Kishun Das (deceased) came along with the appellant and resisted them pursuant to which there was altercation between them and it is alleged that shortly thereafter the appellant hurled bomb on him causing injury in his arm and hands when he dropped on the ground. It was alleged that Ram Kishun Das too hurled bomb on Amar Nath Rai (P.W. 1), but aim was lost, as it exploded on the ground. THE injured was taken to Mairwan Hospital where his statement was recorded by the police at 19 hours on 14th January, 1980. After the police was set in motion, investigation commenced and on conclusion of investigation the police laid chargesheet before the Court and the appellant was eventually on commitment of the case to the Court of Session, was put on trial.

(3.) THE finding recorded by the trial Court was sought to be assailed by earned Counsel appearing for the appellant on the premises that the witnesses examined in trial were interested persons and they had been examined entirely to the exclusion of the independent witnesses. Contentions were raised that there had been emphatic assertion of D.W. 3 about there being land dispute between the parties and the disputed land which is R.S. Plot No. 3552 happens to be in possession of the appellant. It is sought to be urged that Ram Kishun Das father of the appellant Bhagwan Das, had executed a deed of mortgage in favour of Ram Bali Rai which was eventually redeemed in the year 1976, pursuant to which delivery of possession was also restored to the owner and on these premises, it is urged that it was the prosecution party who was aggressor on the land. Non-examination of the Investigating Officer was also taken to be a ground to assail the finding recorded by the trial Court. THE belated receipt of First Information Report in the office of the Chief Judicial Magistrate after lapse of the three days was also highlighted at bar to suspect the bona fide of the -document. Earned Counsel for the State has resisted submissions canvassed at bar on behalf of the appellant.