RAM AGAYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been found guilty by the Additional Sessions Judge VI, Begusarai in Sessions Trial No. 353of 1997 / 256 of 1997 for the offences punishable under Sections 3 and 4 of the Explosive Substance Act and the appellant has been sentenced to under go rigorous imprisonment for 7 years for each of the offences. It may be mentioned here that the appellant has remained in custody for three years and eight months during the pendency of this case.

(2.) The sanha was instituted on 26.2.1993 wherein it has been stated by the informant Vijay Singh was sitting out side his door at about 10 A.M when the appellant came out of his house carrying a gunny bag containing bombs, besides which he was carrying bombs in his hand which fell to the ground and exploded. The informant alleged that he received injuries on his back. This sanha was formally instituted on 14.5.94, thereafter the investigation was initiated in this case.

(3.) During the trial, five witnesses have been examined on behalf of the prosecution out of which four witnesses claimed to be the eye- witnesses to the occurrence. I shall begin with the evidence of PW 4 Vijay Singh, the informant. The informant has supported his case by stating that he was cutting the fodder in front of his house when he heard the explosion of bomb. When he went to the place where the bomb was exploded, he found the injured. He went to Mukhiya who advised him to institute a case. During the cross examination, he claims that Suresh, Ratan and Ramchandra are the immediate neighbours of the informant. None of these three persons have been examined during trial. This witness deviates from his first report by stating that he had gone to the door of the accused on hearing the sound of explosion, whereas in the sanha lodged by him he has stated that he was sitting just near the house of the informant.