Ranganath Misra, J. - (1.) These appeals by special leave are directed against a common judgment of the Patna High Court rendered in Death Reference 3 of 1984 and Criminal Appeals Nos. 627, 647 and 676 of 1984. Each of the appellants in the two appeals has been sentenced to death under section 302 read with section 120-B of the Indian Penal Code.
(2.) Appellant Yadav has independently been convicted under section 302 of the Code and has been sentenced to death. He has also been convicted under section 3 of the Explosive Substances Act and has been sentenced to ten years' rigorous imprisonment. Two other accused persons who had been put on trial along with the appellants were acquitted by the trial court and their acquittal has become final.
(3.) Mahesh Narain Prasad Sharma, the victim, was a Member of the Indian Administrative Service and was posted as Collector and District Magistrate of Gopalganj District in the State of Bihar. On the 11 th of April, 1983 Mahesh Narain went to his court to work in the morning and after he finished his work, both he and his brother, P.W. 62, who was waiting in the chamber of the victim started going down from the first floor of the Collectorate to reach the portion where the Collector's car was parked. Mahesh Prasad was followed by his Orderly-Peon, P.W. 19, and his brother one after the other. When the deceased came on the landing, Yadav who was following them sudenly took out a bomb from the bag which he held and threw it at the Collector. The bomb exploded with a loud noise and as a result of the burst Mahesh Prasad fell rolling on the ground and part of his body was blown off. Yadav jumped off from the stairs through the side railing but was chased by P.W. 62 and others and was apprehended near a fruit stall. He readily confessed to his guilt but gave out that he had committed the ghastly murder at the behest of appellant Tripathi. According to Yadav, Tripathi had prevailed upon him to kill the Collector by way of retaliation for demolishing the Ashram after getting Tripathi detained in jail. Yadav further maintained that Sadiq, one of the accused persons, had supplied the bomb to him. P.W. 14, the Inspector of Police, who was attracted to the scene by the sound of the bomb burst recorded the first information given by P. W. 62, arrested Yadav and sent him to Gopalganj Police Station.;