PRABHUNATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The captioned appeals arise out of a common Judgment hence they have been clubbed and heard together.

(2.) The appellants are aggrieved by the judgment of conviction dated 18th May, 2017, and order of sentence dated 23rd May, 2017, passed by the learned Additional Sessions Judge IX-Cum F.T.C Hazaribag (Jharkhand), in Sessions Trial No.418 of 1997, whereby, the appellants have been found guilty and convicted for the offences under Sections 302, 307, 324 and 120(B) of the Indian Penal Code. The appellants, Prabhunath Singh and Dina Nath Singh have also been convicted under Sections 3, 4 and 5 of the Explosive Substance Act read with 120(B) of the Indian Penal Code. All the appellants have been sentenced to undergo imprisonment for life and pay a fine of Rs.40, 000/- for the offences under Sections 302 read with 120(B) of the Indian Penal Code and in default, thereof, to undergo simple imprisonment of 5 months, and have been sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs. 10,000/- for the offence under Sections 307 read with 120(B) of the Indian Penal Code and in default, thereof, to further undergo simple imprisonment of 3 months. They have also been sentenced to undergo rigorous imprisonment of 3 year for the offence under Sections 324 read with120 (B) of the Indian Penal Code. The appellants, namely Prabhunath Singh and Dina Nath Singh have also been sentenced to undergo rigorous imprisonment of 10 years each for the offence under Sections 3,4 and 5 of Explosive Substance Act, read with120(B) of the Indian Penal Code. All the sentences have been ordered to run concurrently.

(3.) The prosecution case as unfolded in the fardbeyan (Ext.-5), of the informant Chandni Devi (PW-11), is that on 03.07.1995 at 6.00 p.m., she was sitting in the verandah of the official residence and her husband Ashok Singh (M.L.A) was sitting in the lawn along with Jitendra Kumar Singh (PW5), Sunil Kumar Singh (PW-7), Pradeep Singh, Sanjeev Kumar Singh, Jai Prakash Prasad (PW-1), Anil Kumar Singh, Kameshwar Singh(PW-17), bodyguard Prahalad Paswan, Dalsingar Yadav and other six to seven persons. At about 7.00 p.m., a man wearing black pant and pink shirt, carrying a shoulder bag, came and after talking to Raghwendra Kumar Singh (PW-8), the personal assistant of her husband, sat on the chair near her husband. At about 7.20 p.m. when her husband stood up, then suddenly, the unknown person hurled a bomb at her husband, whereupon he fell down and the people present ran helter-skelter. Some of the people tried to intercept the miscreant whereupon another bomb explosion took place. The informant alongwith the body guard namely, Rustam and driver Swarth Mahto, brought the injured Ashok Singh to Patna Medical College and Hospital (PMCH), Patna, where the doctor declared him brought dead. It is stated that, in the meantime the persons who were sitting with her husband in the lawn also reached the Hospital. Jitendra Kumar Singh (PW-5) told the informant that the assailant, while fleeing, had thrown a bomb at Anil Kumar Singh who died on the spot. That 2- 3 other persons had joined the assailant outside the quarter, and he had identified Dina Nath Singh, the younger brother of the former MLA Prabhunath Singh as one of them. Jitendra Kumar Singh told her that while escaping the miscreant had hurled a bomb on the persons chasing him due to which Pradeep Singh had sustained injury. She was told that a car and a motor-cycle were parked on the western side of the road near Quarter no1M and accused Prabhunath Singh was standing near the car. It is alleged that Dina Nath Singh along with two miscreants got into the car which was driven away by Prabhunath Singh and other two miscreants fled on the motor-cycle. She has alleged that Prabhunath Singh, Dina Nath Singh and their supporters had killed her husband due to political rivalry.