TAHIR MIAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) S.A. Khan, J. This appeal arises out of a judgment passed in Sessions Trial No. 124 of 1999/121 of 1999, passed by the 4 th Additional District & Sessions Judge, Nawadah on 22.7.1999 convicting the appellants Tahir Mian and Sabid Mian @ Sabir Mian under Sections 4 and 5 of the Explosive Substance Act.

(2.) On 29.3.1999 Jichha Yadav the Chaukidar of Baraiya Bigha police station in the district of Nawadah learnt that on the previous evening i.e. on 28.3.1999 at about 5 P.M. there was a bomb explosion in the house of Kasim Mian injuring the persons who were preparing the bomb. The informant went to the house of Kasim Mian and found that Kasim Mian and Rahup Mian were lying dead on a cot, whereas the two appellants were injured. The informant also learnt from undisclosed sources that Kasim Mian had gone to Kolkata and purchased materials for preparing bombs. The informant did not find any sign of explosion within the premises of the house nor was there any blood stains which according to the informant had been cleaned and cleared away.

(3.) The post-mortem was conducted and the doctor has been examined as P.W. 8. The injury reports as well as the post- mortem reports which are exhibits 2 and 3 have been proved by the doctor and who has confirmed that the two persons died due to burn injuries caused by explosion of a bomb. An X-ray was also taken which unfortunately, has not been proved but it was on the basis of the post-mortem and the injury reports as well as X-ray produced in the Court by the doctor that he was able to confirm his finding. Therefore, there appears to be no doubt with respect to the fact that the injury was a burn injury which is unxplained.