AGATHA SURIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction dtd. 28/10/2003 and order of sentence 29/10/2003 passed by learned Additional Sessions judge, FTC, Latehar, in Sessions Case No.373 of 1994, whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for five years under Ss. 307/120-B of IPC and rigorous imprisonment for five years under Ss. 3/5 of Explosive Substance Act.

(2.) The allegations against the appellant arose in the wake of the fardbeyan of Asha Joseph, recorded by Chandwa police in the District of Latehar (Jharkhand), stated that on 2/4/1993 at about 10.30 AM, she was returning from school to her home then at about 200 yards west from road near the house of one Keshwar Sao, two unknown persons aged about 20 to 25 years wearing full pants and shirts restrained her by standing before her and at that time one Chandra Kanti Devi, maid servant of the school was also accompanying the informant. It is further alleged that out of two unknown persons who tried to restrain her, the one wearing red shirt attempted to shot her by country made pistol, which did not fire and in that course, some scuffle took place with her and then on his instruction, his associate threw a bomb on the informant which exploded and caused injury in the leg of the informant and when the informant raised alarm, people gathered and both the persons ran away.

(3.) The informant disclosed the reason for the incident stating in her concluding paragraph of her Fardbayan that before this incident, the accused-appellant Agatha Soren had threatened several times to her as the accused -appellant had been in the litigating terms with the informant for the post of principal and the informant was the principal after winning the case from High Court. The informant further alleged that the accused- appellant had stated to a senior teacher Noyla Barla that his goons were present everywhere and at his instance the culprits had committed this incident by exploding 'bomb' 'The informant further alleged that the accused- appellant Agatha Soren had warned to the maid of the school as to why she moved with headmistress as her Bodyguard and threatened her not to accompany the informant. It has further been stated by the informant that on earlier occasion on the day of Janmashtami the offender had entered into the house assaulted her by knife.