BOUKU RAM ALIASKI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Arjun Sah and Sundar Thakur are the appellants in Cr. Appeal No. 219 of 1994. They have been sentenced to life imprisonment under Section 302 of the Indian Penal Code and to seven years rigorous imprisonment under Sections 3 and 4 of the Explosive Substances Act. The sole appellant in Cr. Appeal No. 119 of 1994. is Bouku Ram who has been sentenced to life imprisonment under Section 302 read with Section 109 of the Indian Penal Code. The occurrence in question is said to have taken place in the morning at about 6 a.m. on 20th September, 1991 near the Hathia Nala in which Kailash Mandal is said to have received injuries as a result of Arjun Sah and Sundar Thakur throwing a bomb at him at the instigation of appellant Bouku Ram. Though the injured Kailash Mandal was removed to the hospital at 8.40 a.m. he succumbed to his injuries.

(2.) APART from the appellants in these two appeals, two others, namely, Phulo Ram and Bhushan Ram were also put up for trial before the 1st Addl. Sessions Judge, Bhagalpur in Sessions Trial No. 354/14 of 1992. While convicting the appellants as aforesaid, the trial Court acquitted Phulo Ram and Bhushan Ram of the charges levelled against them since he found that the prosecution has failed to prove the charges against them. It may here be noticed that the aforesaid Phulo Ram and Bhushan Ram were also charged of the offence under Section 302/34 IPC.

(3.) SEVERAL witnesses were examined by the prosecution in support of its case and a few defence witnesses were also examined. Two court witnesses were also examined at the trial. Most of the witnesses examined at the trial denied that they had witnessed the occurrence and really speaking the prosecution case rests on the testimony' of three witnesses, namely, the informant Manjhi Mandal P.W9, his wife Dhulia Devi, P.W8 and his daughter -in -law Sushila Devi, P,W.10 who is the wife of deceased Kailash Mandal.