ZAINUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three appellants in Cr.Appeal (DB) No. 23 of 2014 and sole appellant in Cr.Appeal (DB) No. 144 of 2014 were tried together and convicted and sentenced by the common judgment of the trial court and as such, both the appeals were taken-up together under the heading "For Hearing" and are being disposed of by this common judgment. Appellants against the judgment of conviction and sentence have approached this Court by filing the aforesaid appeals under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.").

(2.) All the appellants in both the appeals by judgment dated 12-12-2013 have been convicted for commission of offence under Sections 302/34, 307/34, 326/34, 448 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'), however; the sole appellant i.e. Md. Hasim @ Akla {in Cr.Appeal (DB) No. 144/14) by the same judgment was further convicted for offence under Sections 3 & 4 of the Explosive Substances Act, 1908 (hereinafter referred to as 'Explosive Substances Act'). By order dated 20-12-2013, all the appellants under Section 302/34 of the I.P.C. have been sentenced to undergo imprisonment till their last breath. Under Section 307/34 of the I.P.C., all were sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- (ten thousand) each. In default of payment of fine, they were directed to further undergo rigorous imprisonment for one year. Under Section 326/34 of the I.P.C., no separate sentence was passed, however; under Section 448 of the I.P.C., all were sentenced to undergo rigorous imprisonment for one year. The appellant Md. Hasim @ Akla (in Cr.App.DB No. 144/14) by the said order i.e. order dated 20-12-2013 under Section 3 of the Explosive Substances Act was directed to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 10,000/- (ten thousand) and in default of payment of fine, he was directed to further undergo rigorous imprisonment for one year as well as under Section 4 of the Explosive Substances Act, he was sentenced to undergo rigorous imprisonment for 5 years and to pay a find of Rs. 5,000/- (five thousand) and in case of default in payment of fine, he has been directed to further undergo rigorous imprisonment for six months. All the sentences were directed to run concurrently. The judgment of conviction and sentence was passed by Sri Jyotindra Kumar Sinha, learned 1st Addl. Sessions Judge, Banka (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 481 of 2011/Trial No. 375 of 2013 (arising out of Banka P.S. Case No. 30 of 2011).

(3.) The case has been initiated on the basis of fardbeyan of Md. Adil (P.W.5). The fardbeyan was recorded by Sri Arun Kumar Roy, officer incharge-cum-S.H.O., Banka Police Station (P.W.11) on 26-01-2011 at about 00.20 hrs. The informant gave his fardbeyan near the dead body of his brother Samser Alam in the courtyard of Shamse Alam. In the fardbeyan, he disclosed that in the same night at about 11.45 PM, he awoke after hearing sound of blast of bomb and he came out of his house carrying a torch in his hand. Immediately, after coming out, he flashed torch-light and saw that his villagers namely: