ANIL KUMAR THAKUR Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) BOTH these appeals have been taken up together as they arise out of the same judgment and order dated 24.7.1995 passed by Sri Ram Prabodh Singh, the erstwhile 1st Additional Sessions Judge, Darbhanga and having been heard together are being disposed of by this common judgment.

(2.) The usual humdrum in and around Kaidarabad (Darbhanga) Private Bus Stand was suddenly shattered at around 5.45 P.M. on 20.4.1993 by the sound of explosion of bombs and people ran helter -skelter for safety. For the occurrence Md. Sahzada alias Nurul Ala (P.W. 3) gave his fardbeyan (Ext. 13) on the same day at the Private Bus Stand, Kaidarabad, at around 6.00 P.M., inter alia, stating that he was sitting at his tyre repairing shop from where he had seen accused Anil Kumar Thakur going towards east alongwith two unknown boys and they were looking towards his shop. The informant is said to have suspected their movements and had kept watch on them and in the meantime Anil Kumar Thakur gave a signal to the two unknown accompanying him and pointed his fingers at the informant 'sson, Irphan (since deceased) who was sitting on a cot facing towards east alongwith two persons in front of the hotel of Dasrath by the side where a Ranchi -Tata bus was being parked. The informant was surprised and he stood up from his chair. In the meantime a boy of medium height aged about 20 -22 years of white complexion wearing trousers and shirt accompanying Anil Kumar Thakur took something from his Jhola and threw it towards his son which exploded. The informant ran towards Irphan raising alarm and found his son lying dead on the cot in a pool of blood. The head portion, right side face, eyes, nose and ears of his son had been blown off and blood was oozing from his body.

(3.) THE informant is said to have started crying and Md. Kamrul Zama (P.W. 1) and other persons reached there and heard from the informant that Anil Kumar Thakur had killed his son and thereafter alongwith his two companions had fled towards the south and while departing they had exploded another bomb which had exploded on the shoulder of the accomplice who had thrown the bomb at Irphan and he too fell on the ground injured. It is said that the other unknown accomplice who had a red colour Jhola slung from the shoulder, started threatening the people armed with a bomb in his hand and fled with Anil Kumar Thakur and the injured. It is also said that with the threat of the exploding bombs and one of the accomplices carrying a bomb in his hand the onlookers did not have courage to chase the assailants. The cause of the occurrence is said to be enmity resulting out of Anil Kumar Thakur, the erstwhile incharge of Sahi Tirupati Bus Service being thrown out of service by the proprietor and being replaced by Md. Irphan a few days prior to the occurrence and it was by reason thereof that Anil Kumar. Thakur alongwith his hench men had committed the murder of his son.