RAKESH TIWARI, J. - (1.) ACCUSED appellant -Bachcha Lal Nishad has preferred this criminal appeal challenging the judgment and order dated 6.1.1995 passed by Second Addl. Sessions Judge, Allahabad in S.T. No. 67 of 1993, State Vs. Bachcha Lal Nishad, by which he has been convicted and sentenced to life imprisonment under section 302 IPC and two years' RI under section 3(1)10 of S.C./S.T. Act. Both the sentences have been ordered to run concurrently.
(2.) WE have heard Sri A.K.Awasthi, Amicus Curiae for the appellant and Mrs. Usha Kiran, learned A.G.A. and perused the record.
(3.) THE impugned judgment has been assailed on the ground that learned sessions Judge has not fixed the place of occurrence which has been changed according to statement of P.W.1 Chandra Deo Gautam, P.W.2 Smt. Kamla Devi and P.W.5 IO B.N. Singh Yadav, who prepared the site plan. It is also assailed on the ground that trial court has not considered the possibilities and circumstances in favour of the appellant and conviction of the appellant is against the weight of evidence on record which is not only bad in facts but also in law. It is also stated that sentence awarded to the appellant is too severe. It appears from record that occurrence in question took place on 13.1.1993 at about 4.15 P.M. in Mohalla Kakrahaghat, police station Attarsuiya, district Allahabad. According to the FIR lodged by P.W.1 Chandra Deo Gautam on the same day at 4.45 P.M., Nandlal alias Subhash Gautam -brother of the complainant, was a tenant in the house of appellant -Bachcha Lal Nishad in Mohalla Meerapur but because of some dispute regarding rent, he vacated the appellant's house and started living in Mohalla Harwara, P.S. Dhoomanganj; that on 13.1.1993 Nandlal had come to the house of complainant in Mohalla Meerapur and that Bachcha Lal Nishad on account of dispute of rent hurled a bomb on Nandlal around 4.15 P.M. when he had gone to ease himself at the bank of river Jamuna. As a result of injury Nandlal fell down at the spot; that incident was witnessed by the informant and his mother -Smt. Kamla Devi and that after hurling bomb, Bachcha Lal Nishad jumped in Jamuna river and escaped by swimming towards Mahewa Ghat. It was lastly averred that complainant has brought his injured brother for lodging F.I.R. and necessary action.;