MOFID KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties. Both these appeals have been preferred by the appellants assailing their conviction for the offence under sections 3 and 4 of the Explosive Substance Act and sections 153, 148, 307/149 of I.P.C and respective sentences to undergo R.I. for ten years with find of Rs. 1,000/ -, seven years with find of Rs. 1,000/ -, five years, two yeas and one year. All the sentences are to run concurrently, as awarded to them by the learned 3rd Additional Sessions Judge, Bhagalpur on 8th April, 2002 in Sessions Trial no. 67 of 1990 arising out of Nath Nagar P.S. Case No. 259 of 1989.

(2.) THE prosecution has come out with the case on the written application of A.S.I. Chandeshwar Prasad Singh (not examined) that on 11th November, 1989 at about 8.30 P.M. during communal rite he along with some constables Praduman Mishra P.W. 3, Rameshwar Mandal P.W.5, Arun Kumar Singh P.W. 6 and Ram Chandra Mahto P.W.4 who are in patrolling and when at about 12.30 in the night patrolling party arrived at Narga mohalla, found 20 to 25 miscreants, raising slogans and exploding explosive substances and also firings. They continued to doing so inspite of protest by the patrolling party rather they started aiming the police party. However, when patrolling party took position to counter they started fleeing and on chase took shelter in the house of Md. Nizam (non appellant) from where altogether 12 persons including house owner and the appellants were apprehended and 28 live bombs besides other articles were recovered. Seizure list was prepared. The Informant also prepared his written report and after institution of the case the Informant himself took responsibility of investigation and almost concluded the major part.

(3.) IN order to substantiate the charges prosecution has produced following documentary evidence besides examination of eight witnesses : -