BRAHAMDEO SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant has filed the instant appeal against the Judgment dated 29.11.2002 passed by the Vth Additional Sessions Judge, Palamau at Daltonganj, in S.T. No. 184 of 2002, whereby the appellant has been convicted for offences under Section 3 and 4 and 4(b) of the Explosive Substance Act, and by the order dated 30.11.2002 the appellant has been sentenced to under go Rigorous imprisonment for Seven years and fine of Rs.10,000/- (Rs. Ten thousands) failing which to go for further Rigorous imprisonment of Six months.

(3.) The prosecution case in brief is that the fardbayan of the informant Braham deo Sharma ( who is the appellant in this appeal) has been recorded by S.I. Sriniwas Kumar on 7.12.2001 at about 19.25 P.M. at his resident at Baralota stating therein that on that day at about 4.00 P.M. he received a parcel from the postman about which he had received a letter on 28.11.2001. The parcel was about one and half kilogram heavy and 6" x 4" and thickness of 2 ". As he has some suspicion he kept the packet on wooden stand after cutting the parchment by the blade. Thereafter, after opening the cardboard box, steel Box came out tied with a long wire in the latches portion of the box and the edge was stick with licoplast to the other portion. As the informant became suspicious, he left the box there and sent his nephew namely Babu for calling the Chowkidar of the village. Chowkidar Nand Kumar came and the informant showed him the said parcel in presence of his partner Ajay Sinha. Thereafter, the Chowkidar and Ajay Sinha went to the telephone booth for informing the Police Station. Thereafter, the police came and some known persons also came there. At that time Rajnish @ Dablu also came there and he removed the wire with pliers in his hand and also removed the Licoplast and as he tried to open the box, there was big explosion and huge smoke came out and said Rajnish @ Dablu fell there screaming and the other two police personals and Choukidar also received serious injuries. On hearing the sound of explosion, the Petrolling party reached at the spot and they took all the injured persons to the Hospital. The informant has further alleged that one Girja Shankar Tiwary with whom the informant had land dispute for which he earlier attempted to kill the informant, has made all this episode. On the basis of the aforesaid fardbeyan, a formal F.I.R. has been drawn and a case has been registered under Sections 3/4/5 of Explosive Substance Act against Girja Shankar Tiwary. After investigation the Police has submitted charge sheet against the Brahamdeo Sharma (the present appellant) under Section 3/4/5 Explosive Substance Act and under Section 120B I.P.C.