IMRAN @ EBOO @ LULHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant, Imran @ Eboo @ Lulha, who has been found guilty for the offences punishable under Section -307 IPC, 384 IPC, 3 of the Explosive Substance Act vide judgment dated 17.09.2010 and sentenced to undergo RI for 10 years as well as fined Rs. 5000/ - in default thereof, to undergo SI for three months additionally, under Section 307 IPC, RI for one year under Section 384 IPC, RI for 10 years as well as fined Rs. 5000/ - in default thereof to undergo SI for three months additionally under Section -3 of the Explosive Substance Act vide order dated 22.09.2010 in S. Tr. No. 67/2007 by learned Additional Sessions Judge, Fast Track Court -1, Bhagalpur, has challenged the same under present appeal.

(2.) PW -5, Md. Sah Alam @ Buddhuwa gave his Fard -e - beyan on 15.02.2006 at 1.30 p.m. at Jagdishpur State Dispensary alleging inter alia that on the same day at about 9.30 along with Md. Umar had come to Puraini Bazar on his motorcycle. At about 11:15 a.m. during course of returning from Puraini to his house over motorcycle as soon as reached near Eidgah lying at village Khwaja Nagar, Imran and Rahman who were present since before suddenly appeared with bomb in their hands and hurled towards them on account of which he along with Umar got injuries. Then thereafter, both of them escaped towards western direction. Persons of nearby came and took them to hospital. The motive for occurrence has been shown as few days ago, they had demanded Rs. 10,000/ - which he (PW -5) declined and on account thereof, both the brothers had hurled bomb with an intention to cause murder.

(3.) THE defence case as is evident from mode of cross - examination as well as from the statement recorded under Section 313 of the Cr.P.C. is that of complete denial of the occurrence. It has also been pleaded that having chequered history, informant and injured might have sustained the injuries at different place in different manner. However, neither any DW nor any exhibit has been made on behalf of appellant.