STATE OF BIHAR Vs. RAM SHRESTH SINGH

JUDGEMENT

(1.) ALLEGEDLY , for carrying a bomb in the bag, which was exploded by Rajendra Rai, for killing deceased Shaligram Singh, appellant, who suffered conviction under section 302/34 of the Indian Penal Code (in Short IPC) and also Section 27 of the Arms Act and Sections 3/4 of the Explosive Substance Act, was sentenced to death by the trial Judge, an extreme penalty prescribed under the statute.

(2.) ESSENTIAL features of the prosecution case, which are not in much details, can be noticed at the threshold. On hearing alarms emanating from the side of house of Kameshwar Rai, when Indu Devi, wife of Shaligram Singh, opened door of her house, some persons dragged her husband to sahan, pursuant to which both Sikandar Singh and Rajendra Rai lobbed bomb on him, and those who accompanied them, were having lethal weapons with them, Shaligram Singh, who was critically injured, was eventually carried to Darbhanga Medical College Hospital where he succumbed to the injuries. Appellant Ramshresth Singh too was identified among the assailants of the deceased. As for genesis of the incident, it was stated in the earliest version of the prosecution that 20 days preceding the incident, deceased Shaligram Singh had registered protest when Rajendra Rai had irrigated his land from his pump set.

(3.) DEFENCE of the appellant, both before the Court below and this Court had been that when dacoity was being committed in the house of Kameshwar Rai by unknown criminals, on exhortation made by the deceased for resistance, one of them had exploded bomb on him. The trial court, however, on appreciation of probative value of the testimony of witnesses, while rejecting plea of innocence of the appellant, recorded finding of guilt and sentenced the appellant to death under section 302/34 IPC.