MATHURA SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both These appeals are directed against the judgment of conviction and order of sentence dated 16.6.2007 passed by Sri Kamlesh Mishra, Additional Sessions Judge/Fast Track Court-VII Giridih in Sessions Trial No. 288 of 1992 (T.R. No. 150 of 2005), whereby and whereunder, he convicted the Appellants, namely, Mathura Sao (Appellant in Cr. Appeal No. 795/2007) and Badri Sao (Appellant in Cr. Appeal No. 692/2007) under Section 324/109, IPC and Badri Sao further under Section 3/4 of the Explosive Substance Act and sentenced the Appellant, namely. Mathura Sao to undergo rigourous imprisonment for 2 years for offence under Section 324/109, IPC and Appellant, namely, Badri Sao to undergo rigorous imprisonment for two years for the offence under Section 324/109 IPC and rigorous imprisonment for 10 years for the offence under Section 3 of the Explosive Substances Act and rigorous imprisonment for 7 years for the offence under Section 4 of the Explosive Substances Act. Aft the sentences will run concurrently.

(2.) The prosecution story, in brief, is that the fardbeyan of the informant was recorded by the Sub Inspector of Sariya Police Station on 16.5.1991 at about 8.30 a.m. to the effect that in the evening of 15.5.1991 at about 8 p.m., the informant Basudev Singh was sitting in his angan with his family members. In the mean while, Mathura Sao, Badri Sao, Teko Sao and Dilo Sao came near the western wall of his angan which was 4 ft. high and after looking to the informant, Mathura Sao said-"Basudev Singh Baitha Hai Maro Sale Ko". Then accused Teko Sao and Badri Sao threw two bombs on him due to which heavy sound was created and Jaswa Devi, the mother of the informant and Hukum Singh, the brother of the informant sustained injuries. Thereafter, all the persons fled away. On hearing the sound of the explosion, Dewki Mistry and Munshi Mistry, Kartik Singh, Parmeshwar Singh and others came there. The informant has further stated in his fardbeyan that there is an enmity between him and Badri Saw and Dilo Sao regarding the land dispute and due to which the aforesaid persons threw bomb to them.

(3.) On the basis of the said fardbeyan, the Officer-in-Charge of Bagodar Police Station has drawn a formal F.I.R. and investigated the case and after investigation, submitted charge-sheet for the offence under Sections 3/4 of the Explosive Substances Act read with Section 324, IPC against all the aforesaid accused persons, namely, Mathura Sao, Badri Sao. Teko Sao and Dilo Sao.