PRAN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal arises against the judgment dated 27th February, 2004 passed by the Sessions Judge, Pakur in Sessions Case No. 62 of 2002, whereby the learned Trial Court convicted the Appellant No. 1, Pran Yadav, for the offence under Section 307 IPC and sentenced him to undergo rigorous imprisonment for seven years. The said appellant, Pran Yadav, was further convicted for the offence under Section 3/4 of Explosive Substances Act and sentenced to undergo rigorous imprisonment for seven years under Section 3 of Explosive Substances Act. However, no separate sentence was passed under Section 4 of the Explosive Substances Act. Both sentences were ordered to run concurrently. Other Appellant Nos.2 to 7 were convicted for the offence under Section 307/34 IPC and they were sentenced to undergo rigorous imprisonment for seven years, each, for the said offence. They were further convicted for the offence under Section 323/34 IPC and sentenced to undergo rigorous imprisonment for six months, each, for the said offence. These sentences were ordered to run concurrently.

(3.) The appellant, Pran Yadav, was charged for the offence under Section 307 IPC and Section 3/4 of Explosive Substances Act for unlawfully and maliciously causing explosion by explosive substance likely to endanger the life or property and attempting to commit murder of Jagdish Yadav on 21st November, 2001 in village Turshadih within Hiranpur police station in the district of Pakur. The remaining appellants were charged under Section 307/34 IPC for attempting to commit murder of Jagdish Yadav, in furtherance of their common intention on the aforesaid date and place. They were also charged for the offence under Section 323 IPC for voluntarily causing hurt to Nipen Yadav and Rajan Yadav on the same day at the same place.