RAM BILAS SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been filed on behalf of the appellant against the judgment and order dtd. 31/10/1995, passed by learned Ist Additional Sessions Judge, Banka, in Sessions Trial No. 575 of 1993, arising out of Rajoun P.S. Case No. 198 of 1992 whereby and whereunder the appellant, namely, Ram Bilas Sharma and one Etwari Sharma having been convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to undergo imprisonment for life. The appeal as against Etwari Sharma got abated by order dtd. 11/3/2022, passed in this criminal appeal, as he died during pendency of this appeal. Therefore, this appeal is now surviving only against the sole appellant, namely, Ram Bilas Sharma.

(2.) The case of the prosecution, in brief, is that fardbeyan of the informant was recorded at 7.30 A.M. on 21/12/1992 at Rajoun Hospital, wherein he stated that the informant has got two brothers and all three brothers including the informant used to live separately. One of the brothers, namely, Amik Sharma (deceased) used to live in his house constructed near the pond (Pokhar) situated in the west of the village. On 21/12/1992 at 5.00 A.M., the informant hearing some alarm from pond side, ran towards the pond and saw his brother Amik Sharma lying injured in north to his house and his wife was taking care of him. The injured Amik Sharma told the informant that while he was returning to his house after urinating, the accused Ram Bilas Sharma (appellant) and Etwari Sharma having bombs in their hands reached there and one bomb was thrown by Ram Bilas Sharma (appellant) which injured him (Amik Sharma). As per the prosecution, the palm, scrotum and both legs of Amik Sharma were injured. On hearing the sound of explosion of bomb, one Doman Sharma and Murari Sharma along with some villagers also came there and with their help, the informant took the injured to Rajoun State Dispensary where the injured succumbed to the injuries. Disclosing the motive behind the occurrence, it is stated in the fardbeyan that there was a dispute since earlier with the accused persons relating to the land of Bajrang Bali. The accused persons were demanding some more land on which the informant was not agreed and for the said reason, the accused persons with intent to commit murder of the deceased, hurled bomb upon him. On the basis of fardbeyan, a formal F.I.R. was drawn up and Rajoun P.S. Case No. 198 of 1992 was registered against the appellant and Etwari Sharma under Ss. 302/34 of the I.P.C and Ss. 3/4 of the Explosive Substances Act.

(3.) After completion of investigation, the police submitted charge sheet against the accused persons and cognizance was taken by the Jurisdictional Magistrate. The case was committed to the Court of Sessions. Charges were framed against the accused persons for the offences under Ss. 302/34 of the Indian Penal Code and under Sec. of the Explosive Substances Act. Thereupon, they were put to trial.