PRABHU BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment of conviction dated 5.6.1992 of the Sessions Judge, Gopalganj passed in Sessions Trial No. 76/1991 whereby the appellant was convicted under Sec. 307. and 324 of the Indian Penal Code and Sections 3 and 5 of Explosive Substance Act, 1908.

(2.) THE appellant was convicted under Sec.307 of the Indian Penal Code and sentenced to R.I. for ten years with regard to injuries caused on the informant Nagendra @ Chunu Singh. So far the charge under Sec.324 of the Indian Penal Code with regard to the injuries on Rajendra Prasad, Jagdish Sah and Balbhadra Prasad was concerned any separate sentence was not passed and R. I. for ten years under Sec.3 of the Explosive Substance Act was passed but any separate sentence was not passed under Sec. 5 of the Explosive substance Act.

(3.) AS many as ten witness were examined by the prosecution. P.W. 6, Nagendra Singh is the informant himself. P.W. 4 Rajendra Prasad and P.W. 5 Jagdish Prasad are the witnesses who are said to have received injuries in the occurrence. P.W. 1 Janardhan Singh, P.W. 2 Raj Mangal Sharma and P.FFW. 3 Bhrigurashan Lal have been examined as eye -witnesses to the occurrence. P.W. 10, Daya Shankar Singh, S.I. is the I.O. who conducted the investigation of the case. P.W. 7 Raghunath Mahto, A.S.I. took up investigation at concluding stage and he submitted chargesheet in the case. P.W. 8 Ram Chandra Singh proved the sanction (Ext. 2) for prosecution of the appellant under Explosive Substances Act. P.W. 9 Dr. Uma Shankar Bhagat is the doctor who had examined the four injured Nagendra Singh (RW. 6), Rajendra Prasad (RW. 4), Jagdish Sah (RW. 5) and Balbhadra Prasad who is said be an insane person as per evidence of the witnesses.