UMESH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Umesh Sahani (A1), Krishna Giri (A2) and Muslim Miyan (A3) stand convicted under Sections 302/34, 307/34 of Indian Penal Code, Section 27 of the Arms Act and Sections ¾ of the Explosive Substances Act. They were sentenced to undergo rigorous imprisonment for life with fine having default clause and rigorous imprisonment for 10 years having default clause under Sections 302/34 of IPC and Sections 307/34 of IPC respectively. Rigorous imprisonment for 4 years was inflicted on them under Section 27 of Arms Act. Further, rigorous imprisonment for 10 years under Sections 3 of the Explosive Substances Act and rigorous imprisonment for 7 years having default clause under Section 4 of the Explosive Substances Act was also imposed. They were ordered to run concurrently. Aggrieved by the judgment of conviction recorded against them, the present appeals have been filed.

(2.) The occurrence had taken place inside the jail premises. The deceased, the informant and the accused appellants were then lodged in the Motihari Jail. PW 9 gave the Fardbayan (Exhibit 6) on 15.03.2008 at 9 pm alleging, inter alia, that on the date of occurrence, both the informant and the deceased had been taken to Court for their appearance. The informant had returned to the jail premises earlier and was waiting for the arrival of the deceased Anil Singh @ Munna Singh. At about 4 pm, the deceased arrived at the jail gate in a different police van. Both of them entered into the jail premises and were proceeding towards their respective wards. The deceased was then lodged in Ward No 3. After entering the inner gate of the jail, the deceased was walking few paces ahead of the informant. Suddenly, the informant noticed A1 and A2 along with other accused appeared from behind Ward No 10. Seeing the accused persons, the informant gave a warning to the deceased but before he could be alerted, A2 and A3 hurled bomb(s) on him. Co-accused Mauje Lal Sahani then fired on him with his pistol as a result whereof he fell on the ground. As the victim was trying to recover, co-accused Sujay Pandey and A2 gave gunshot injuries to him from a close range causing injury on his head. Seeing the assault, PW 9 fled from the spot but he was chased by the appellants and other accused persons who resorted to firing on him. He, however, managed to run away and enclosed himself inside the jail ward and saved his life.

(3.) Pw 10 is the Judicial Magistrate who was summoned to hold the inquest proceeding over the dead body of the deceased witnessed by PWs 2 and 7. Later, as it appears, the statements of some of the eye witnesses under Section 164 of Criminal Procedure Code were recorded by him. Those statements are Exhibits-4 to 4/8. The autopsy on the dead body was performed within the jail premises itself by Dr R P Singh (PW 11) on 15.03.2008 at 11.10 pm. His post mortem report is Exhibit 5. The Investigating Officer seized four shells of empty cartridges, two live cartridges and also nuts, bolts and other pieces of bomb from near the place of occurrence. Such seizure was effected in presence of PWs 3 and 7. The Fardbayan (Exhibit 6) was recorded by Sub Inspector Roshan Kumar but was investigated by Ashok Kumar Sinha (PW 12). On conclusion of investigation, chargesheet was filed which ultimately led to the present trial. The judgment of conviction was recorded by Additional Sessions Judge XIV, East Champaran at Motihari in Sessions Trial No 494 of 2011.