TRIPURARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Cr. Appeal has been preferred by above-named sole appellant, Tripurari Singh against the judgment of conviction and order of sentence dated 05-01-2000 passed by IVth Additional Sessions Judge, Nawada in Sessions Trial No. 218 of 1998/09 of 1999 by which and whereunder, he convicted the appellant for the offences punishable under Section-307 of the Indian Penal Code and Section-3/4 of Explosive Substances Act, 1908 and sentenced to undergo rigorous imprisonment for ten years for each of the offences under Section-307 of the Indian Penal Code as well as Section-3 of Explosive Substances Act, 1908 and, furthermore, to undergo rigorous imprisonment for the period of five years 2 for the offence, punishable under Section-4 of Explosive Substances Act whereas; co-accused, Bholi Singh @ Dhirendra Kumar was convicted for the offence punishable under Section-4 of Explosive Substances Act and was sentenced to undergo rigorous imprisonment for the period of five years for the above-said offence. However, learned Additional Sessions Judge-IV, Nawada ordered that the sentences of appellant Tripurari Singh would run concurrently.

(2.) The prosecution case, in brief, is that P.W. 1 Bhagirath Singh gave his fardbeyan to A.S.I. Om Prakash Singh (P.W. 6) of Kashichak Police Station at 7.30 a.m. at village Dhodha Baghar to this effect that on the same day, at about 6.00 a.m. while he along with his son (P.W. 3) were arranging bundles of wheat crops in their Khalihan, he saw that the appellant and Bholi Singh @ Dhirendra Kumar along with 4 unknown persons were cutting wheat crop from his plot No. 85 which had been allotted to him in his share. He as well as his son, Awadhesh Singh forbade them to do so, but the appellant started abusing and exhorted to kill him and after that, the appellant and Bholi Singh @ Dhirendra Kumar exploded bombs, as a result of which, his son, Awadhesh Singh (P.W. 3) sustained splinters of the bomb causing injury on his left eye and chest. The appellant also made firing, which passed away near his ear. The appellant and accused, Bholi Singh @ Dhirendra Kumar, threw bomb thrice. The unknown persons fled away from there. In the meantime, several co-villagers came running there. The police party also came there and seeing the villagers and police party, the appellant, and accused Bholi Singh @ Dhirendra Kumar started fleeing from there but they were chased by the villagers and police party. The appellant and co-accused, Bholi 3 Singh @ Dhirendra Kumar made firing on the villagers and police party but he, with the help of villagers and police party, apprehended the appellant and accused, Bholi Singh @ Dhirendra Kumar near Baghar. The aforesaid apprehended persons were searched in presence of Anil Singh, Abhimanyu Singh and on being searched, one bomb, kept in a bag, was recovered from right hand of the appellant, Tripurari Singh whereas; two live bombs, kept in a bag, were recovered from right hand of Bholi Singh @ Dhirendra Kumar. The seizure list of the aforesaid recovery was prepared. The informant claimed that the aforesaid persons had cut wheat crop and made firing and threw bombs with intent to commit murder.

(3.) On the basis of aforesaid fardbeyan, Kashichak P.S. Case No. 21 of 1998 under Sections-144, 379, 504, 447, 324, 307 of the Indian Penal Code, 27 of the Arms Act and Section-3/4 of Explosive Substances Act was registered and formal FIR was drawn against the appellant, coaccused, Bholi Singh @ Dhirendra Kumar as well as some unknown persons.