GIRDHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dtd. 25/2/2013 and Order of sentence dtd. 2/3/2013 passed by Ad hoc Additional Sessions Judge-IV, Banka in Sessions Trial No. 911 of 2005 arising out of Shambhuganj P.S. Case No. 114 of 2000 whereby the learned trial court convicted the accused Girdhar Singh for the offence punishable under Ss. 3 and 4 of the Explosive Substance Act and sentenced him to undergo R.I. for five years and also slapped him with the fine of Rs.5000.00 and in case of default of payment of fine to further undergo S.I. for four months under Sec. 3 of the Explosive Substance Act and also sentenced him to undergo R.I. for five years and also slapped him with the fine of Rs.5000.00 and in case of default of payment of fine to further undergo S.I. for four months under Sec. 4 of the Explosive Substance Act. Both the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Shambhuganj P.S. Case No. 114 of 2000 was instituted under Ss. 307 of the Indian Penal Code and Ss. 3 and 4 of the Explosive Substance Act against the accused Girdhar Singh on the basis of the fardbeyan of Ram Kishore Chaudhary, Son of Late Satyanarayan Chaudhary recorded by S.I. R. S. Thakur of P.S. Shambhuganj on 25/12/2000 at 06:00 PM at Gyan Mandir Pustak Bhandar located in Shambhuganj Bazar with the allegation in succinct that Murlidhar Singh was tenant in his house. There was scuffling between them on 12/12/2000 over demand of rent. Regarding the aforesaid occurrence, he has lodged a case against him and his brother Girdhar Singh. On 25/12/2000 at around 05:30 PM while his nephew Dipak Kumar Singh was sitting in his book shop, in the meantime Girdhar Singh descended at his shop taking bag in his hand and directed his nephew to shut down his shop and not to open the same in future. In the meantime, the informant and his son Shivtosh Choudhary arrived at the shop and found Girdhar Singh standing on the main road with a bag in his hand in front of his shop. Spotting the informant and his son, said Girdhar Singh taking out bomb from the bag hurled it on them due to previous animosity which hit the wall of his shop. In the meantime again he hurled another bomb on them which also hit the wall of the shop. However, they were left unhurt. On congregation of the locals responding the sound of the explosion of the bomb and seeing smoke, Girdhar Singh made good his escape tossing bomb on the road. Several persons of the market had witnessed the occurrence.