ANOD DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral)- This appeal has been preferred against the judgment of conviction and order of sentence dated 7.09.1990 passed by the learned Additional Sessions Judge, Banka in Sessions Trial No.344/1984/103/1990 arising out of Banka P.S. Case No.409/1988 by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code and further rigorous imprisonment for 10 years for the offence punishable under Sec. 4(A) of the Explosive Substances Act and both the sentences have been directed to run concurrently.

(2.) According to the fardbeyan (Ext.2), the prosecution case, in brief, is that on 27.09.1988 at about 9.50 A.M., the informant Laxmi Devi (P.W.7), wife of deceased Banarasi Das and her niece Madhu Kumari (P.W.14), aged about 10 years were going to Banka Bazar for purchasing clothes. When they reached near the field of Umesh Jha, she saw that accused Anod Das (appellant), Khedan Das, Ashok Das, Anirudh Das and Sikandar Das, all of village-Vijaynagar were sitting. As soon as the informant with her husband and niece reached there, the aforesaid five accused stood up and started abusing her husband (deceased). Anoj Das (appellant) instigated others to kill her husband. Khedan Das and Ashok Das caught hold of her husband. Anirudh Das and Sikandar Das were carrying bag. Her husband tried to free from the clutch of Khedan Das and Ashok Das but all the accused thrashed her husband. The informant raised alarm, Anoj Das (appellant) took out bomb from the bag of Sikandar Das and assaulted her husband which caused him injuries by explosion. On raising alarm and after hearing the sound of explosion, Sumitra Devi (P.W.12), Umesh Das (P.W.9), Sahdeo Das (P.W.11) and others came there. Thereafter, Ashok Das and Khedan Das shot fire which did not hit any one. Many persons assembled there and all the accused fled towards eastern side. Banarasi Das (deceased), the husband of the informant was put on the Thela for going to hospital. Her husband conveyed the persons accompanying him that Anoj Das (appellant) exploded bomb on his person and took immediately for treatment. The injured Banarsai Das became senseless by the time of reaching the hospital where the doctor declared him dead. The reason for the occurrence was the land dispute between the husband of the informant (deceased with the accused Khedan Das and for which her husband was falsely implicated in criminal case and had recently been bailed out. It has been further stated that in the last night when she was returning with her husband from Banka after visiting cinema at 10 P.M., she saw the aforesaid accused and others at the bungalow of Suresh Das holding meeting which was suspected as the conspiracy against her husband. On the basis of aforesaid fardbeyan, Banka P.S. Case No.409/88 was instituted on 27.09.1988. After investigation, charge-sheet was submitted against the accused including the appellant. Cognizance was taken. The case was committed to the court of sessions. The charges against the appellant were framed for the offence punishable under Sections 302 and 148 of the I.P.C. and Sec. 3 and 4 (a) of the Explosive Substances Act and charges were also framed against the other accused for the offence punishable under Sections 302/34 and 148 of the I.P.C. and further Anirudh Das and Sikandar Das were charged for the offence punishable under Sec. 4 (b) of the Explosive Substances Act and also under Sec. 120B of the I.P.C. to which they denied and claimed to be tried. Thereafter, the trial proceeded against eleven accused including the appellant. After the trial, all the accused except the appellant have been acquitted as the charges against them were not proved beyond all reasonable doubts and the appellant has been convicted and sentenced as stated above.

(3.) The defence of the accused is of false implication in the case due to group rivalry. It has been alleged that the deceased Banarasi Das alongwith witness Kali Das and others led one group in the village and all the accused belonged to another group as alleged by the prosecution itself, as such, they have been falsely implicated in this case.