NAND LAL SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Section 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each. The prosecution case briefly stated is that PW 1 Ashok Sahu @ Sohrai Sao lodged his fardbeyan before the Officer-in-Charge, Doranda Police Station on 18-8-1992 at 3 p.m. at village Hundru to the effect that on the same day he along with Suresh Sao, PW 2 had gone to Ranchi Court and while they were returning back on scooter and when they reached near Chuna Bhatha near the Aerodrome Road at about 1.40 p.m., the appellants, all of a sudden, appeared before them having jhola in their hands and immediately thereafter the appellant Madan Gope took out a bomb from his jhola and threw upon them. However, the bomb exploded on the ground, as a result of which, Suresh Sao, PW 2 lost his balance and both of them fell down and thereafter, the appellant, Rajesh Gope hurled another bomb, hitting Suresh Sao, as a result of which Suresh Sao sustained multiple injuries. He thereafter started fleeing away and again Madan Gope threw another bomb which exploded on the ground without hitting anyone. He thereafter, out of scafe, fled away towards his home where his fardbeyan was recorded. The further prosecution case is that injured Suresh Sao, PW 2 was hospitalised in the RMCH by PWs 8 and 9 and there he was treated by the doctors.

(2.) A formal first information report was drawn up and a case under Section 307 read with other ancillary Sections of the Indian Penal Code and also under Section 3/5 of the Explosive Substances Act was registered against the appellants and after due investigation, the appellants were charge sheeted for the offence under Sections 307/34 of the IPC and also 3/5 of the Explosive Substances Act and cognizance of the offence was taken and they were put on trial.

(3.) It appears that the appellants were charged in the trial only under Section 307/34 of the Indian Penal Code and not under Section 3/5 of the Explosive Substances Act and accordingly they were found guilty and were convicted and sentenced as indicated above.