NAWAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, having been convicted under Sec. 302 of Indian Penal Code (IPC) and Sections 4 and 5 of the Explosive Substance Act, has been sentenced to rigorous imprisonment for life in respect of offence under Sec. 302 of Penal Code and seven years under Sections 4 and 5 of the Explosive Substances Act. The sentences have been ordered to run concurrently. The judgment of conviction and the sentence were passed on 25.04.1988 by the Additional Sessions Judge II, Saran in Sessions Trial No 111 of 1986/140 of 1986.

(2.) Let it be noted that when the appeal was called out, no one appeared for the appellant. This appeal has been pending for over twenty six years in this Court. Accordingly, on our request, Shri Ashok Kumar, Advocate agreed to assist the Court as amicus curiae. Heard learned counsel for the State.

(3.) The prosecution case, as per the first information report (FIR) which is Exhibit 12 and is based upon the statement of Dashrath Prasad (PW 6), the father of the deceased boy Shesh Nath, is that while celebrations and songs were sung outside his house in the afternoon of Holi on 21.03.1981, he heard a loud sound of explosion. He came out of the house and he was informed that his young son Shesh Nath had been killed by the appellant Nawal Singh. Nawal Singh had thrown a bomb on the head of Shesh Nath whose brains were blown out and he found Nawal Singh also lying grievously injured and unconscious near the body of his son. He has named five persons who had seen the occurrence.