RAMAWATAR SETH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment and order dated 3rd/4th June, 1998 passed by the learned 2nd Additional Judicial Commissioner, Khunti (Ranchi) in Sessions Trial No. 521/96, whereby and whereunder, he has been convicted for the offence under Sections 302 & 307 of the Indian Penal Code and sentenced under Section 302 of IPC to undergo imprisonment for life and further sentenced under Section 307 of IPC to undergo rigorous imprisonment for ten years. Both the sentences were ordered to run concurrently.

(2.) THE prosecution in brief, as alleged in the First Information Report is that on 13th May, 1993 at about 10 a.m., the informant Ram Pada Seth (PW 10) went to the shop of Chitaranjan Seth (PW 6). When he was standing near the Verandah of the shop of Chitaranjan Seth, his elder sister -in - law (Bhabi) Gurubari Devi was also standing besides him. The appellant Ramawatar Seth while passing through the shop asked him to wait and thereafter went to his house and came back with a bag. The appellant took out a bomb from his bag and hurled the bomb on the informant. The informant Ram Pada Seth moved a little bit to save himself but the bomb hit on the right leg of his sister -in -law/Gurubari Devi. Due to bomb explosion, the right leg of Gurubari Devi was blown. The people standing nearby the shop, including the shopkeeper Chitranjan Seth also got splinter injuries. Sister -in -law of the informant was initially taken to a local doctor for first aid and thereafter they took her for treatment in R.M.C.H., Ranchi but on the way Gurubari Devi succumbed to the injuries.

(3.) AFTER investigation, the police submitted charge sheet on 24th April, 1996 under Section 302, IPC and Sections 3/4/5 of the Explosive Substance Act against the appellant Ramawatar Seth.