RAM BALAK KAMKAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned counsel for the State.

(2.) THE appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/ -. He has further been convicted under Section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years and to pay a fine of Rs. 2,000/ -. He has further been convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and in default of payment of fine he has further been directed to undergo rigorous imprisonment for a period of six months. However, all the sentences have been directed to run concurrently. The prosecution case, as unfolded from the fardbeyan of the informant Guru Prasad Goswami @ Garbhu Goswami, is that he is disciple (Chela) of Baccha Goswami. He is the Mahanth of Dhanauti Math. On 31.03.1982 at around 8:00 P.M. he was present in his room situated in Dhanauti Math and lying on the bed with face downward and taking rest. The opening of room was eastern side. In the meantime, accused Ram Balak Kamkar entered into the room and sought his blessing. In response informant attributed his blessing and simultaneously asked the reason for covering his body by Chadar (sheet) and folding his lungi. On this the appellant hurled a bomb which hit the shoulder. At the moment accused Dinbandhu Goswami disciple Muneshwar Goswami, Balchhari Goswami disciple Muneshwar Goswami of village Dhanauti Math and Sudama Rai all the three persons exploded one bomb each on him, as a result of which informant sustained severe injury. On his hue and cry Udho Singh, Bhuteli Singh, Bhupnath Singh and Dhanesh Kumhar came there and seen the occurrence. Kanhaiya Goswami was also present at the courtyard at the time of occurrence. All the witnesses boarded him on jeep and brought to Siwan Hospital where his statement was recorded by the police.

(3.) ON the basis of the fardbeyan of the informant First Information Report lodged, case proceeded and after investigation police submitted charge -sheet, cognizance taken and case committed to the Court of Sessions.