DAYA SHANKAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 307/34 and 341 IPC and sentenced to RI for ten years and with a fine of Rs. 1,000/ - in default of which further RI for two months under Section 307/34 IPC as also one month's simple imprisonment under Section 341 IPC by the Additional District & Sessions Judge, F.T.C. II, Saran at Chapra in S. Tr. No. 306/94/146/2002 by judgment and order dated 10/15.05.2002. The case of the Informant, Baidyanath Rai, P.W. 3 is that on 17.11.1993 at about 7.45 P.M. when he and one Shomnath Ray were returning after making purchases for the festival of "Chhath" on the way they found the Appellants sitting there. The Appellant, Daya Shankar Singh was armed with country -made pistol. He shot at Shoma Yadav causing injuries on his leg whereas the Appellant, Biran Rai threw bomb upon which several bomb injuries were caused on the face and both of them were seriously injured.

(2.) DURING trial the prosecution examined four witnesses. P.W. 1, Radha Rai is a co -villager who stated that he saw the accused persons sitting on the way and thereafter he heard sound of bomb and firing at which he came to the place of occurrence and found Shoma Yadav injured. He conceded that he did not see as to which of the accused persons had caused which injury. P.W. 2, Shomnath Rai is the injured witness who supported the fact that he was returning after making purchases with the informant on the way Appellant, Daya Shankar Singh fired on him with a country -made pistol causing injuries on his leg below knee whereas Appellant, Biran Rai threw a bomb upon the informant causing injury on the face. P.W. 3, Baidyanath Rai, injured informant has also stated likewise and repeated version given out in the First Information Report. P.W. 4 is the Doctor who examined the informant and P.W. 2 and found corresponding injuries. However, the Doctor stated that the injuries sustained by P.W. 2, Shomnath Rai were caused by bomb -blast thus contradicting the prosecution case that he had been shot at by the Appellant, Daya Shankar Singh. It appears from the injuries proved that they are simple in nature.

(3.) HOWEVER , since no fire -arm injury was found on the person of Shomnath Rai Appellant, Daya Shankar Singh deserves to be acquitted of the charges. As for the Appellant, Biran Rai the fact that no sanction had been sought for prosecution under Sections 3/4 of Explosive Substance Act it would be unsafe to sustain his conviction under Section 307/34 IPC. Also for the reason that the injuries which were simple in nature do not reveal the intent of the Appellants of causing the injury to the two. Hence, the appeals are allowed and the order of conviction and sentence passed against the Appellants on 10/15.05.2002 by the Additional Sessions Judge, F.T.C. II, Saran at Chapra in S. Tr. No. 306/94/146/02 is set aside. The Appellants are discharged of the liability of their bail bonds.