NAGENDRA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Addl. Public Prosecutor for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction and sentence order dated 15.9.2001 passed by Sri Anant Prasad Srivastava, learned Adhoc. Addl. Sessions Judge, Siwan in Sessions trial no. 14/1993 by which and whereunder he convicted the appellant and one accused Pramod Tiwari for the offence punishable under section 324/34 of the Indian Penal Code and directed them to undergo the period already undergone by them in jail custody and furthermore, he convicted accused Awdhesh Tiwari for the offence punishable under section 324 of the Indian Penal Code and the aforesaid accused was also sentenced to undergo the period already undergone by him in course of trial.

(3.) The prosecution case, in brief, is that the informant Ashok Kr. Singh gave his fardbeyan on 1.4.1992 at about 3.55 p.m. to the SI of Mairwa police station to this effect that on the same day at about 11 p.m. while he along P.W 2 and some others were returning from their school and reached south side of primary school of village, accused Awdhesh Tiwari along with accused Pramod Tiwari and the appellant came there and accused Awdhesh Tiwari ordered to kill him and after that accused Awdhesh Tiwari hurled bomb on him which hit him and he sustained injury. The accused Pramod Tiwari and the appellant were also carrying bombs but when he fell down on earth, the appellant and two others fled away from there. The aforesaid occurrence was witnessed by his co-villagers and after the occurrence, he was taken to Mairwa hospital.