SHREE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Shree Rai, has preferred this appeal, against his conviction and sentence recorded by Sri B.N. Shahi, IXth Additional Sessions Judge, Saran at Chhapra in Sessions Trial No. 114 of 2001 thereby and thereunder he has been convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 2000.00 and in default to undergo further imprisonment for four months under Section 307 of the Indian Penal Code. He has been also convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 2000.00 and in default of payment to undergo further rigorous imprisonment for four months under Section 3 of Explosive Substance Act. However, both the sentences have been directed to run concurrently.

(2.) The accusations which led to trial and this appeal are as follows; On 24/12/1999 at 7 p.m. the injured informant, Sona Lal Rai, was returning to his house after sowing Rabbi crops. When he reached near the house of Bhushan Rai he met Dashrath Rai and Sree Rai, accused-appellant of village Manik Chawah P.S. Dariyapur. They requested the informant to accompany them upto their house. The informant agreed and accompanied them. It was further alleged that as soon as they reached near the house of one Baton Rai both of them threw bomb upon the informant from behind. The bomb exploaded as a result of which the informant received multiple injuries on his face, hand and legs. He became unconscious and fell down on the ground. On hearing the sound of bomb explosion several persons of the village including his uncle Mouji Rai (PW 2), Chandraket Rai (PW 1) and Batroi Rai came at the spot and thereafter both accused including the accused- appellant fled away.

(3.) Immediately after the occurrence the injured was removed to Dariyapur hospital where, at about 8 p.m., his statement (Ext. 5) was recorded by the police and on the basis of the fardbeyan lodged by Sona Lal the police registered a case under Section 307 of the Indian Penal Code and Sections 3/4 of Explosive Substance Act against both the persons including the appellant. However, in course of investigation only accused-appellant was nabbed and accordingly the police pending investigation against Dasrath Rai submitted charge-sheet against him.