ARUN SINGH AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - These two appeals are filed against the judgment dated 17th Dec., 1992 passed by 4th Additional Sessions Judge, Nawadah in Sessions Trial No.2 of 1992/4 of 1992. Accused Nos.1 and 2, are the appellants in the respective appeals.

(2.) The proceedings against the appellants herein commenced with the submission of a complaint by one Sri Devendra Singh, P.W.12, in the Pakribarawan Police Station, Nawadah district, at 5.30A.M. on 20th April, 1991. He stated that on the intervening night of 19/20.04.1991, he was in a Bhajan at Thakurbari in Kurheta village, and on hearing the sound of a bomb, he went to the place, from where the sound emanated. He is said to have noticed the three persons, including the appellants herein, and one Bipin Singh with bags on their shoulders and accompanied by about 10-15 persons, they were coming in the opposite direction. On proceeding further, he is said to have noticed that Shrawan Kumar, P.W.5, received injuries to his left shoulder in a bomb attack, and in the meanwhile, villagers gathered and pelted stones on the assailants. He has also stated that Ishwari Mahto @ Pappu hurled bomb on one Pancha Devi, who died on the spot, and one Bipin Singh (absconding) hurled bomb on Ashok Singh, son of Trivedni Singh, and he died on the spot. A-1 Arun Singh is said to have hurled bomb upon Shrawan Kumar, P.W.5.

(3.) The Inspector of Police proceeded to the spot, caused inspection and recorded the statements of the concerned persons. The inquest and the postmortem on the two dead persons were conducted, and P.W.5 was sent for treatment. In the course of investigation, A-1 and A-2 have been arrested and their statements under Sec. 161 of the Code of Criminal Procedure were recorded. After completion of the investigation, charge-sheet was filed alleging offence under Sec. 302 read with Sec. 34 of the Indian Penal Code against the accused. The accused were also alleged to have committed offence under Sec. 380 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act.