DEOKI NANDAN PRASAD,J. - (1.) THIS appeal has been filed against the judgment of conviction and sentence dated 15 -9 -1993 passed by Shri Chiranjee Singh, 6th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 293 of 1983 by which the appellant No. 2 Nand Kishore Keshri was convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and under Section 427 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and also under Section 147 of the Indian Penal Code to undergo rigorous imprisonment for one year whereas under Section 3 of the Explosive Substances Act and sentenced to undergo rigorous imprisonment for two years; whereas the appellant No. 3 Shyam Sunder Keshri alias Shyam Kishore Keshri was convicted under Sections 147/427 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 147 of the Indian Penal Code and six months' rigorous imprisonment under Section 427 of the Indian Penal Code. The appellant Nos. 1, 4 and 5 have also been convicted under Sections 307, 148 and 427 of the Indian Penal Code and Section 3 of the Explosive Substances Act but their case was sent to Juvenile Court for passing an order on sentence as they were held to be juvenile. Accordingly, appellant Nos. 1, 4 and 5 were sentenced for furnishing a bond of sureties of Rs. 5,000/ - with two sureties of the like amount each for maintaining peace for a period of two years.
(2.) THE prosecution case in brief, as alleged, is that on 3 -2 -1991 at about 11 a.m. Ram Narayan Keshri was present at his shop when Ramdhani Pandey came there to purchase some materials from his shop. At that time, accused Surendra Kumar Keshri alias Tuluwa came there along with seven companions and they abused the informant Ram Narayan Keshri. In the meantime, all the accused -persons/appellants came there and they tried to drag Krishna Narayan Keshri by catching his collar and other accused started assaulting Ram Narayan Keshri with fists. On raising alarm by Ram Narayan Keshri, the accused along with companions fled away. Thereafter, Ram Narayan Keshri came at the counter of the shop when the accused -persons started throwing stones in the shop. Accused Surendra Kumar Keshri threw a bomb aiming Ram Narayan Keshri but it could not hit him rather the bomb dashed against the glass of the rack of the shop. All the accused -persons started assaulting as well as the appellant Nand Kishore Keshri also threw a bomb aiming at Ram Narayan Keshri but it could not hit him rather it dashed against the pillar of verandah and thereafter, the informant started shouting and on hulla nearby people came there and thereafter, the accused -persons fled away. The informant also found missing Rs. 2,000/ - from his cash box. Accordingly, the First Information Report was lodged against four accused -persons and seven others. The police submitted charge -sheet after completing investigation. The appellant No. 5 (Ramjee Bhagat) was later on apprehended who was also identified. All the accused -persons appeared in the Court below and charges under Sections .452, 323, 427, 148, 307 and 147 of the Indian Penal Code and under Section 3 of the Explosive Substances Act were framed.
(3.) THE witnesses were examined in the Court below. After hearing both the sides and perusing the evidence on record, the learned Additional Sessions Judge convicted the appellants and sentenced them in the manner as stated above.;