- (1.) The appellant in this appeal by Special Leave was tried and convicted for offences punishable under Sections 302, 307, 427 read with Section 34 of the IPC and Section 3 of the Explosive Substances Act, 1908 read with Section 34 of the IPC by the XXI Additional City Civil & Sessions Judge, Bangalore. For the offence of murder punishable under Section 302 read with Section 34 of the IPC the appellant was sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/-, in default of payment whereof a further simple imprisonment for three months was awarded to the appellant. Similarly, for the offence punishable under Section 307 read with Section 34 IPC the appellant was sentenced to undergo five years' rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine the appellant was awarded a further simple imprisonment for a period of one month. For the offence punishable under Section 427 read with Section 34 IPC the appellant was awarded a sentence of one year's rigorous imprisonment while a sentence of ten years' rigorous imprisonment and a fine of Rs.2000/- was awarded to the appellant under Section 3 of the Explosive Substances Act read with Section 34 of the IPC. Criminal Appeal No.514/2000 filed by the appellant before the High Court against the judgment and order of the trial Court having failed the appellant has filed the present appeal to assail his conviction and the varying sentences awarded to him, for different offences mentioned above.
(2.) Prosecution case in brief is that in furtherance of a common intention to kill Muniraju (PW-14), Hanif (A-3) kept a tape recorder loaded with an explosive substance (bomb) at what was known as "Friends Hair Style" shop owned by Muniraju (PW-14) situated on the 6th Cross of Someshwaranagar in Bangalore. When the tape recorder was switched on by the deceased-Shankar, who was employed by Muniraju (PW-14) to work as a barber in the shop, the bomb planted in the same exploded causing injuries to the said Shankar that culminated in his death. Injuries were also caused to Krishna (PW-1) and Shivaram (PW-7), two others similarly employed to work in the shop. The use of the bomb, according to the prosecution, was with the intention and knowledge and under circumstances that if by that act it had caused the death of Krishna (PW-1) and Shivaram (PW-7) also the accused would have been guilty of murder.
(3.) After completion of investigation and filing of chargesheet but before committal of the case to the Sessions Court competent to try the same the committal Court by its order dated 6th January, 1998 allowed an application filed on behalf of Hanif (A-3) under Section 306 of the Cr.P.C., granted pardon to him and treated him as an approver in the case. A-3 was accordingly examined at the trial as an Approver. Briefly stated the prosecution case and the genesis of the occurrence that led to the killing of deceased-Shankar and injuries to Krishna and Shivaram was as under:;