CHANDRA BHUSHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal and perused the record.

(2.) This criminal appeal has been preferred against the Judgment and order of conviction and sentence dated 09.09.2002 passed by the learned Additional Sessions Judge-cum-P.O., Fast Track Court no. 4, Ara, Bhojpur in Session Trial no. 33 of 1993 arising out of Chandi P.S. Case No. 48 of 1992, whereby the learned trial court acquitted the accused Chandra Bhushan Prasad, Sashi Bhushan Prasad, Sheo Shankar Prasad and Girija Prasad from the offence punishable under Section 307 of the I.P.C. while convicted them for the offence punishable under Section 324 / 34 of the Indian Penal Code and sentenced them to undergo R.I. for two years each.

(3.) The factual matrix of the case is that Chandi P.S. Case No. 48 of 1992 was instituted under Section 323 , 324 and 307 of the Indian Penal Code and under Section 3/4 of Explosive Substance Act against the appellants Chandra Bhushan Prasad, Sashi Bhushan Prasad, Sheo Shankar Prasad and Girija Prasad on the basis of written report of Virendra Kumar Prasad S/o Late Mangal Charan Prasad R/o Village-Chandi P.S. Chandi District- Bhojpur at Ara recorded by S.I. of P.S. Chandi with the allegation, in succinct that, on 18.06.1992 at around 12:00 O'clock, abruptly Chandra Bhushan Prasad, Sheo Shankar Prasad, Sashi Bhushan Prasad and Girija Prasad arrived at his house and dismantled his brick wall. On quizzing them about the reason of dismantling the wall, they started rapping expletives and on the order of Girija Prasad to eliminate them, Sashi Bhushan Prasad took out acid from his house and hurled the same on them with intention to do away with their lives. In the meantime, Chandra Bhushan Prasad and Sheo Shankar Prasad hurled two bombs out of them one exploded on his tiles roof and another on his sahan land resultantly, he sustained injuries on his leg, shoulder and both hands while Bijendra Singh on his right hand finger, Vinod Kumar on his face and both the hands, Yogendra Singh on his both legs and his two daughters also sustained injuries from acid and bomb. Bakelal, Rameshwar Prasad and others witnessed the occurrence.