ANIL KUMAR UPADHYAY,J. - (1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 27.09.1995 passed by learned Additional Sessions Judge-II, Barh in Sessions Trial No. 316 of 1993, arising out of Mokama P.S. case no. 223 of 1991, whereby all the appellants have been convicted under Sections 302/149 and 147 of the Indian Penal Code. The appellant no.1, namely, Baleshwar Mahto, has been convicted under Section 3 of the Explosive Substance Act and appellant no.2, namely, Brijnandan Mahto, has been convicted under section 27 of the Arms Act. All the three appellants have been sentenced to undergo imprisonment for life for offence under Sections 302/149 of the Indian Penal Code and R.I. for one year for offence under Section 147 of the Indian Penal Code. The appellant no.1, namely, Baleshwar Mahto, has further been sentenced to undergo R.I. for one year for offence under Section 3 of the Explosive Substance Act and appellant no.2, namely, Brijnandan Mahto, has further been sentenced to undergo R.I. for one year for offence under section 27 of the Arms Act. However, all the sentences have been ordered to run concurrently.
(2.) The prosecution case in brief is that on 19.11.1991 at about 7.00 P.M. the informant was at his house and the appellants along with 7 - 8 persons came and began to abuse him upon which he and Shital Mahto forbade them. In the meantime, appellant no.2 fired with his country made gun in front of his door. There was immense halla and in the meantime appellant no.3 took bomb from appellant no.1 and hurled the same on them, which exploded hitting Gangia Devi, as a result of which she sustained injury and fell down. On explosion of bomb Yogendra Mahto, Krishna Mahto, Nandlal Mahto, son of informant, Suresh Mahto and several other persons assembled there and witnessed the occurrence and from the side of the informant they began to pelt stone and brick-bats then they fled away towards north-west. The 7-8 persons accompanying the appellants had been instigating the appellants to abuse and assault whom the informant can identify as their names are known to him. The cause of dispute is the previous dispute in respect of land in between the informant and Bimal Mahto, the brother of appellant no.1, due to which the accused persons attacked the house of the informant with bombs resulting in death of Gangia Devi.
(3.) On the basis of the fardbeyan, formal F.I.R. was registered, being Mokama P.S. case no. 223 of 1991.;