BALMEEKI SINGH Vs. BHAGIRATHI SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State.

(2.) This appeal has been preferred against the judgment and order of conviction dated 207.2002 and order of sentence dated 25.07.2002 passed by the 4 thAdditional Sessions Judge, Begusarai in Sessions Trial No. 238 of 1998, arising out of Bhagwanpur P.S. Case No. 46 of 1998, whereby the learned trial court convicted accused Bhagirathi Singh and Balmeeki Singh for the offence punishable under Section 307/34 of the Indian Penal Code and further convicted accused Bhagirathi Singh under Section ' of the Explosive Substances Act and Balmeeki Singh under Section 27 of the Arms Act and sentenced accused Bhagirathi Singh and Balmeeki Singh to undergo rigorous imprisonment for 7 years under Section 307/34 I.P.C. and further sentenced Bhagirithi Singh to undergo R.I. for 3 years under Section ' Explosive Substance Act and also sentenced Balmeeki Singh to undergo R.I. for three years under Section 27 of the Arms Act. The aforesaid convicts were also slapped with a fine of Rs.5000/- each.

(3.) The factual matrix of the case is that Bhagwanpur P.S. Case No.46 of 1998 was instituted under Section 447/323/ 324/307/34 I.P.C., Section ' of the Explosive Substance Act and Section 27 of the Arms Act against Bhagirathi Singh and Balmeeki Singh on the basis of fardbeyan of Smt. Sushila Devi wife of Sri Lal Bahadur Singh recorded by S.I. S.K. Jha Officer-in-Charge of P.S. Bhagwanpur on 14.02.1998 at 10:45 PM in the clinic of Dr. Ramashrya Singh with the case in succinct that on 14.02.1998 at about 3PM while she was taking meal in the verandah of her house in the meantime her neighbour Bhagirathi Singh and his elder brother Balmeeki Singh intruded into her courtyard. Balmeeki Singh hurled bomb upon her taking it out from bag. Witnessing the aforesaid hurling of bomb she escaped to save her life but sustained several injury due to explosion of the bomb, while Balmeeki Singh resorted firing upon her but she left unhurt. Her son who was with her in the courtyard escaped scarringly. Bhagirthi Singh hurled 4-5 bombs in her courtyard. Responding the explosion sound Shiv Kumar Singh, Anil Singh, Ramshresth Singh and others rushed in her courtyard and witnessed the occurrence. She was rushed to the clinic of Dr. Ramashray Singh to accord her medical aid where she is undergoing treatment. The bone of contention is old land dispute between the parties.