SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The hearing of this appeal was taken up along with another analogous appeal, against the same judgment and order filed at the instance of one Umesh Pandit. After hearing had gone on for some time it was stated before the Court that Umesh Pandit was dead. Hence, the appeal filed on his behalf (Criminal Appeal No. 21 of 2002) was adjourned for the counsel to file a proper petition stating about his death and the Court proceeded with the hearing of this appeal.

(2.) The single appellant Sanjay Singh stands convicted under Section 302 of the Penal Code and Section 3 of the Explosive Substances Act and sentenced to undergo rigorous imprisonment for life for the offence of murder and seven years for causing explosion by throwing a bomb. The two sentences were directed by the trial Court to run concurrently.

(3.) The prosecution case was instituted on the basis of the statement of one Ram Babu Singh (PW 8, brother of the deceased) recorded as fardbeyan by the Officer-Incharge of Katra P.S. (PW 12) at Primary Health Centre, Katra on 7.12.1996 at 2 P.M. The fardbeyan was incorporated in the formal FIR instituted on the same day at 2.30 p.m.