- (1.) APPELLANTS, who are five in number namely Birey, Anil Kumar, Hori Lal, Shyam Chandra and Mani Shanker in these two connected appeals have challenged their conviction under sections 148, 307/149 I.P.C. and section 3 Explosive Substances Act, 1908 and imposed sentences of two years RI on the first count, three years RI for each on the second and third counts. All the sentences were directed to run concurrently by the trial Judge / IV Additional Session's Judge, Mirzapur, which he had passed in S.T. No. 140 of 1979, State Vs. Shyam Shanker and others vide impugned judgment and order dated 20.8.81. Since both the appeals arises out of the same judgment, they were clubbed together and are being disposed off by this common order.
(2.) PROSECUTION allegation against the appellants as was scribed by the informant Chhabile Mishra P.W. 7 were that he had animosity with accused Gore Lal, Shyam Chandra, Hori Lal, Ravi, Shyam Shanker, Birey, Anil Kumar and Mani Shanker. Numerous litigations were pending in between them because of which, on 3.1.79 at 3.15 p.m., when informant was returning to Vindhyachal from Mirzapur along with Gangeshwar Prasad Mishra @ Gangeshwar Panda, in Jeep No. UPL 3482 owned by Moti Chandra and driven by Lalli @ Kalika Prasad P.W. 2 and, when they reached near Bojhla Kalvert, near cow shed and a well, then all of sudden from the ambush, appellant accused Mani Shanker, Shyam Chandra, Anil Kumar, Hori Lal, Birey, Shyam Shanker, Ravi and Gore Lal appeared at the scene and first five accused started hurling bombs with a motive to annihilate informant. Rest of the three accused Shyam Shanker, Ravi and Gore Lal resorted to firing with the said motive. One of the bombs exploded on the jeep while others exploded on the ground, injuring jeep driver Lalli @ Kalika Prasad P.W. 2, Baboo Lal Harijan and Bamb Bahadur Singh roadster (Ikka) driver. After exploding bombs and resorted to firing, attackers escaped towards the railway line leaving a cloth bag with live bomb at the spot. Jeep in which informant and others were travelling was driven a head for about hundred paces and then was stopped. Informant and Gangeshwar Prasad Mishra alighted from it and they chased and apprehended one of the miscreant Anil Kumar at the spot. This incident was witnessed by Khissu P.W. 1, Gutru Nai and many others. Informant P.W. 7 thereafter scribed FIR Ext. Ka-4 and accompanied with injured went to the police station Katra, Mirzapur where he lodged it at 3.55 p.m. same day which F.I.R. was registered under sections 147, 148, 149, 307 I.P.C. and 3 Explosive Substances Act vide crime no. 5 of 79. P.W. 4 constable Rang Nath Upadhyay had registered the crime and had prepared chik FIR Ext. Ka-5 and GD entry Ext. Ka-6. Apprehended accused Anil Kumar was put in police lockup. Injured witnesses Bamb Bahadur, Lalli @ Kalika Prasad P.W.2 and Baboo Lal who were at the police station were sent for their medical examination to the district hospital along with constable Rama Shanker by I.O. S.I. Kavit Narain Singh P.W.9.
(3.) INVESTIGATION into the crime was conducted by aforesaid SI Kabit Narain Singh P.W. 9, who at the pointing out of the informant, conducted spot inspection, prepared site plan Ext. Ka-20, seized roadster (Ikka) and gave it in custody by preparing memo Ext. Ka-21. Potato bags, which were laden on the said roadster were also seized by the I.O. and were given in custody regarding which Ext. Ka-22 was prepared. Blood stained and plain earth were taken by the I.O. vide Ext. Ka-23. Pieces of lead and splinters of bombs were also seized vide recovery memo Ext. Ka-24. Jeep No. UPL 3482 was also seized and was given in the custody of the informant vide Ext. ka-25. From the spot, I.O. also recovered a cloth bag and a live bomb and had sealed it by preparing recovery memo Ext. Ka-26. Concluding investigation, he had laid a charge sheet against the accused vide Ext. Ka-27. Cloth bag was exhibited as material Ext. 13, towel material Ext. 14, splinters of bombs material Ext. 15, blood stained charcoal Ext. 16 and plain charcoal Ext. 17 have been proved by the I.O. P.W. 9. All the injured were medically examined same day by Dr. C.P. Singh P.W.3 vide Ext. Ka-1 to Ka-3 and these reports are produced as under:- Ext. Ka-1 Examined Kalika Prasad @ Lalli aged about 43 years S/o Paranu R/o Vindhyachal, P.S. Vindhyachal, Mirzapur on 3.1.79 at 4.45 P.M. B/B S.I. Kabit Narain Singh P.S. Katra, Mirzapur. M.I.:- Raised black mole middle of left cheek. Injuries :- 1. Lacerated wound 2cm x 2cm x muscle deep with slight charring of the margin on upper and inner part of left forearm 10.5 cm below elbow. Smell of gun powder present. 2. Incised wound 9cm x 1/4cm x skin deep front side lower part of left leg. Nature u.o. Adv. X ray left forearm upper part. Duration fresh. Injury:- No caused by explosion and injury no. 2 sharp object. Ext. Ka-2 Examined Bamb Bahadur aged about 25 years S/o Matuk Dhari Singh R/o Vill. Mahuwari Kala, P.S. Vindhyachal, Mirzapur on 3.1.79 at 5 P.M. B/B S.I. Kabit Narain Singh P.S. Katra, Mirzapur. M.I.:- Old scar 2.5 cm x 1cm lower and outer part of left forearm 5cm above wrist. Injuries :- 1. Contusion 1cm x 1cm front of right shoulder. 2. Lacerated wound 1/2cm x 1/2cm x muscle on front and middle of chest 6cm below suprasternal notch. 3. Lacerated wound 2.5cm x 1cm x skin deep on front upper and inner part of left hand. Slight charring present, smell of gun powder present. Nature simple except injury no. 3 and Adv. X ray caused by blunt object- except (3) by explosion. Duration fresh. Ext. Ka-3 Examined Baboo Lal aged about 20 years S/o Darboli R/o Vill. Babura, P.S. Vindhyachal, Mirzapur on 3.1.79 at 4.30 P.M. B/B S.I. Kabit Narain Singh P.S. Katra, Mirzapur. M.I.:- 2 old scars:- 1. 2cm x ? cm outer part Rt. Eyebrow. 2. 1cm x ?cm, 1cm outer to No. (1) scar on Rt. Eyebrow. Injuries :- 1. Lacerated wound 4cm x 3cm on front and lower part of left forearm 6cm above wrist communicating with lacerated injury (wound of exit) on back and lower part of left forearm 3cm x 4-1/2cm above wrist. Few side foreign body palpoled around on front wound. 2. Lacerated wound 5cm x 3cm x muscle deep, charring present around the wound on front and upper part of Rt. Thigh 24cm above knee. Communicating with injury outer part of Rt. Thigh 3cm x 2cm, 5cm outer and slightly lower to injury on front of thigh. All injuries u.o. Adv. X-ray left forearm and Rt. Thigh A.P. And lat view. Duration fresh. Caused by explosion. ;