PARMESHWAR PRASAD MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against the judgment dated 22nd August, 1994, passed by Sri Eric Machyari, 4th Addl. Session Addl. Sessions Judge, Hazaribagh, in S.T. No 255 of 1985, whereby he convicted this appellant under Section 302, 307IPC and also under Section 4 of the Explosive Substance Act and sentenced him to undergo imprisonment for life under Section 302 IPC and further to undergo rigorous imprisonment for seven years on each count under Section 307 IPC and under 4 of the Explosive Substance Act, with a direction that the sentences would run concurrently.

(2.) Shortly stated, the case of the prosecution as mentioned in the 'fardbeyan' Ext 6 is that in the night of 14th July, 1983, at about 11-12 p.m. when the informant Rohini Devi and her husband Panchal Mistry were sleeping in their house at village Dandai Kala, P.S. Sadar, District Hazaribagh, some 3 or 4 persons knocked the door and when Panchal opened the door, he was dragged away by the miscreants and after some time a bomb was exploded. Further case of the prosecution is that the villagers assembled there and they challenged the miscreants who treed to run away and when villagers assaulted them with 'Tangi', another bomb was exploded by them, as a result of which, Kailash Prasad (P.W. 11) got splinter injury. The dead body of Panchal Mistry was found on the road under a mango tree with injuries in his chest and abdomen. Further case of the prosecution is that in the morning an injured person i.e. this appellant was found in a bush with fracture injury, across Sewaney river who disclosed his name as Parmeshwar Mehta who also named his associates. He was brought to the village by the villagers and when the police arrived there, the S.I. took charge of him and sent him for treatment, under arrest.

(3.) The defence as gathered from the suggestions of the P.Ws. and the statement of this appellant under Section 313 Cr.PC is that he has been falsely implicated in this case and that he was assaulted by dacoits who took away his bullock.