JUGNU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the behest of sole appellant (Jugnu alias Ruplal Mahto) is directed against the judgment and order dated 16.12.1995 in S.T. No. 224 of 1990 passed by Sri Subhas Chandra Jha, the then Additional Sessions Judge, Bermo at Tenughat whereby and whereunder he has been convicted under Sec. 302 read with Sec. 34, under Sec. 307 read with Sec. 34, and under Secs. 394 and 411 of the Indian Penal Code, and sentenced to under go life imprisonment under Sec. 302 read with Sec. 34 of the Indian Penal Code and five years rigorous imprisonment each on the counts under Secs. 307 read with Sec. 34 and under Secs. 394 of the Indian Penal Code. Further, he has been sentenced to rigorous imprisonment for two years under Sec. 411 of the Indian Penal Code. However, the sentences were directed to run concurrently. It appears that charge under Sec. 120 -B of the Indian Penal Code was not established against the appellant.

(2.) IT may be stated that co -accused Gangaram Nayak was acquitted of the charges framed against him. Co -accused Lal Md. Ansari and Arjun Nayak died during the pendency of the trial, whereas co -accused Chintamani Kewat absconded and his trial was separated.

(3.) THE prosecution case, in brief, as made out in the fardbeyan (Exhibit 4) and elucidated in evidence by the informant is as under: Deceased Rathu Mahto was the owner of line hotel at village Bahadurpur within Police Station Jaridih, district Giridih. Akla Kamar the other deceased, was the servant in the line hotel. On 7.8.1990. around 9 p.m., Atul Chandra Jha, the informant (PW 7) and deceased Rathu Mahto were playing Chess on a Chowki in the outer lawn of the line hotel. In the meantime, PW 3 (Barun Prasad Kushwaha) arrived and sat on a chair near them to watch the Chess game. Some persons were sitting on a cot and taking meal at some distance in open space at the line hotel. After some time, while the informant and the deceased Rathu Mahto were playing the Chess game, one of the unknown customers who was taking meal with his associates uttered that he had demanded water thrice, but had not been served and who was the foolish owner of the hotel, Rathu Mahto protested to it. Thereafter the informant and the deceased Rathu Mahto resumed the Chess game. A tall person, who was one amongst the unknown culprits, wearing black cap went near the place where Chess was being played accusing deceased Rathu Mahto that he had addressed him in impolite word "REY" and that he thought himself to be a big boss, threw a bomb on chest of Rathu Mahto which caused great explosion and Rathu Mahto sustained bomb injuries and fell from the Chowki. Immediately thereafter another bomb was hurled by one of the miscreants. The informant and Barun Kushwaha (PW 3) sustained bomb splinter injuries on their hand and neck respectively. Due to sustaining the wound and sound of powerful bomb explosion, the informant lost his senses and fell down when he regained his senses, he found that Akla Kamar was also seriously wounded. The informant out of fear, left the place. After some time, villagers of Rathu Mahto came to the hotel of deceased Rathu Mahto and took injured Rathu Mahto and Akla Kamar to Bokaro hospital on a trekker. The informant and PW 3 (Barun Prasad Kuswaha) were brought by the villagers to Referal hospital at Jaina More for treatment of the wounds. At the time of occurrence a generator was running in the line hotel and there was light. Later on the informant learnt that Rathu Mahto and Akla Kamar had died. The fardbeyan of PW 7 (Atul Chandra Jha) was recorded by B.C. Tripathy, the then Sub -Inspector of Police, Giridih Police Station, in the Referal hospital at about 11.45 p.m. On this basis the instant case came to be instituted under Sec. 302 read with Sec. 34 of the Indian Penal Code against unknown miscreants, a formal First Information Report (Exhibit 5) was drawn up and the case was investigated by the then officer -in -charge, Giridih Police Station (who has not been examined). Further prosecution case is that during investigation it transpired that unknown miscreants had committed robbery and looted away some properties, namely, a cash box, a yellow V.I.P. and an attache containing some clothes, documents and other articles belonging to deceased Rathu Mahto from the line hotel. It is alleged that during investigation some stolen clothes, a dhoti two kurtas, a paijama and a monkey cap belonging to deceased Rathu Mahto, which had been kept concealed by the appellant, were recovered from the house of Kunju Mahto (PW 17).