AMIT PATHAK Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Under the judgment, dated 11.04.2008, passed, in Sessions Trial No. 1288 of 1974/2006 of 2007, by learned Additional Sessions Judge, Fast Track Court, IV, East Champaran, at Motihari, the accused-appellants, Amit Pathak and Bangali Pandey, stand convicted under Sections 302 and 307 read with Sec. 34 of the Indian Penal Code, 1860 Sec. 27 of the Arms Act, 1959, read with Sec. 34 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act, 1908, read with Sec. 34 of the Indian Penal Code. For his conviction under Sec. 302 of the Indian Penal Code, the accused-appellant, Amit Pathak, has been sentenced to suffer life imprisonment and also pay a fine of Rs.10,000.00 and, in default of payment of fine, suffer simple imprisonment for a period of six months. For his conviction under Sec. 307 of the Indian Penal Code, the accused-appellant, Amit Pathak, has been sentenced to undergo rigorous imprisonment for ten years and also pay a fine of Rs.5,000.00 and, in default of payment of fine, further sentenced to undergo simple imprisonment for three months. For his conviction under Sec. 27 of the Arms Act, 1959, read with Sec. 34 of the Indian Penal Code, the accused-appellant, Amit Pathak, has been sentenced to suffer rigorous imprisonment for seven years and also pay a fine of Rs.5,000.00 and, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. For his conviction under Sections 3 of the Explosive Substances Act, 1908, the accused-appellant, Amit Pathak, has been sentenced to suffer rigorous imprisonment for ten years and also pay a fine of Rs.10,000.00 and, in default of payment of fine, further sentenced to undergo simple imprisonment for six months. For his conviction under Sections 5 of the Explosive Substances Act, 1908, the accused-appellant, Amit Pathak, has been sentenced to suffer rigorous imprisonment for ten years and also pay a fine of Rs.10,000.00 and, in default of payment of fine, further sentenced to undergo simple imprisonment for six months. For his conviction under Sec. 302 read with Sec. 34 of the Indian Penal Code, the accused-appellant, Bangali Pandey, has been sentences to suffer imprisonment for life and also pay a fine of Rs.5,000.00 and, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. For his conviction under Sec. 307 read with Sec. 34 of the Indian Penal Code, the accused-appellant, Bangali Pandey, has been sentenced to suffer rigorous imprisonment for ten years and also pay a fine of Rs.3,000.00 and, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. For his conviction under Sec. 27 of the Arms Act, 1959 read with Sec. 34 of the Indian Penal Code, the accused-appellant, Bangali Pandey, has been sentenced to suffer rigorous imprisonment for five years and also pay a fine of Rs.3,000.00 and, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. For his conviction under Sec. 3 of the Explosive Substances Act, 1908 read with Sec. 34 of the Indian Penal Code, the accused-appellant, Bangali Pandey, has been sentences to suffer rigorous imprisonment for ten years and also pay a fine of Rs.5,000.00 and, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. For his conviction under Sec. 5 of the Explosive Substances Act, 1908, read with Sec. 34 of the Indian Penal Code, the accused-appellant, Bangali Pandey, has been sentenced to suffer rigorous imprisonment for ten years and, in default of payment of fine, he is further sentenced to undergo simple imprisonment for three months. All the sentences were ordered to be run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under:

(3.) During investigation, inquest was held over Shailesh Pathak's dead body, which was also subjected to post mortem examination. At his house, the informant produced before the police one live cartridge of 3.5 bore of pistol, an empty cartridge and also a bomb tied with a thread and, on production of the said items, police seized the same by a seizure list (Exhibit 5). Having found blood at the orchard aforementioned, police seized the blood-stained earth. However, the blood stained earth was not sent for serological examination, the two injured persons, namely, Lallan Pathak (P.W. 8) and Gita Pathak (P.W. 9) were medically examined and, on completion of investigation, charge sheet was laid, under Sections 147/148/149/307/302 of the Indian Penal read with Sec. 27 of the Arms Act, 1959, and Sections 3 and 5 of the Explosive Substances Act, 1908, read with Sec. 149 of the Indian Penal Code, against accused Amit Pathak, Bangali Pandey and Umesh @ Chhotan Tiwary.