MD. ASLAM @ ASLAM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have been convicted under Sections 302 and 120 B of the Indian Penal Code and sentenced to rigorous imprisonment for life and under Sections 225 and 353 of the Indian Penal Code and sentenced to rigorous imprisonment for two years under both counts by the Additional District and Sessions Judge, Fast Track Court-II, Gaya, vide Judgment of conviction dated 12.01.2010 and Order of sentence dated 18.01.2010 passed in Sessions Trial No.240 of 2009/89 of 2009(ADJ-I)/551 of 2004 (DJ).

(2.) The case of the prosecution, according to the Fardbeyan of the Informant Laxmi Mukhiya (P.W.7), is that on 12.05.2004 in course of production from court hazat, Appellant Md. Aslam alias Aslam Mian Arbind Mahto and Daldal Mian pushed the constable Biswanath Ram (P.W.8) on account of which he fell down. Thereafter, they started to flee. Just at that time, sound of bomb explosion was heard outside the boundary wall of the Civil Court in front of Hazat and shots of fire was also heard. There was panic amongst the people, in course of which, some under trials managed to flee away, however, they were chased. They arrested one Firoz Alam, who was pointed out as the person who was throwing the bomb. On checking, it was found that seven under trials, i.e., Appellants Aslam Mian, Uday Paswan, Sanjay Mishra alias Luccha Mishra and Rajesh Kumar Manjhi as also Daldal Mian, Santosh Sao and Arbind Kumar Mahto, had managed to run away but Appellants Aslam Mian, Uday Paswan and Sanjay Mishra alias Luccha Mishra were caught immediately. Thereafter, one person, who was found injured, was removed to the hospital but he died on the way.

(3.) During trial, the prosecution examined altogether 11 witnesses.