SURESH MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the State.

(2.) The instant appeal is directed against the judgment of conviction dated 10.12.2002 and order of sentence dated 11.12.2002 respectively passed in S.T./ S.C. No. 134 of 2002/140 of 1991 by Shri Rajesh Kumar Pandey, 5th Additional Sessions Judge, FTC-II, Godda by which judgment he found the appellants guilty under Sections 307/34 of the Indian Penal Code and Section 3 of the Explosive Substances Act and sentenced them to undergo R.I. for seven years under Sections 307/34 of the Indian Penal Code and R.I. for five years under Section 3 of the Explosive Substances Act. Both the sentences shall run concurrently.

(3.) It is submitted by learned counsel for the appellants that although the prosecution witnesses have stated in Court that bomb was hurled by the appellants alongwith seven others, but no seizure of any explosive substance has been proved nor Investigating Officer has been examined in the case. Moreover, learned counsel stated that there is no evidence as to whether the son of the informant received injury by any bomb or injury by a gun shot. Doctor has found a linear abrasion and injury caused by partially sharp and irregular object, was simple in nature. In that view of the matter, the prosecution case of hurling bomb and causing injury by firearm has not been proved and as such, conviction of two appellants under Section 3 of the Explosive Substances Act is bad in law and fit to be set aside.