- (1.) Both the appeals were taken together and are being disposed of by the common order as they arise out of Sessions Trial No. 23 of 1998. In Cr. Appeal No. 56 of 2000 (R) the appellant is Gandur Oraon whereas in Cr. Appeal No. 78 of 2000 ( R) the appellants are Manjhi Oraon and Bishnu Oraon.
(2.) The aforesaid three appellants, namely, Gandur Oraon, Manjhi Oraon, Bishnu Oraon were tried with Lohra Oraon (since acquitted) for the charges under Sections 3, 4 and 5 of the Explosive Substances Act and also under Section 304/34 of the Indian Penal Code. The trial Court while acquitting Lohra Oraon, convicted these three appellants under Section 304/34 of the Indian Penal Code and also under Sections 3 and 4 of the Explosive Substances Act. Consequently, each of the appellants was sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1000/- for each of the offences under Section 304/34 of the Indian Penal Code and 3 of the Explosive Substances Act. In default of payment they were ordered to undergo R.I. for 1 year. Further each of the appellants was sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 1,000/-, for the offence under Section 5 of the Explosive Substances Act. In default they were ordered to undergo R.I. for 1 year.
(3.) The case of the prosecution is that when the informant, Laxman Oraon (P.W.9) of village Dhangaon Gajatoli returned home at 10 P.M. on 12-3-97 after doing night duty, he heard sound of explosion of bomb coming from the side of the Behratoli. Upon it he went there and saw one person dead, who had received injury from the explosive substance. Subsequently he came to know that the name of the dead person was Prakash Minz and also came to know that these appellants as well as one Patras Kerketta had received injuries in course of the explosion of the bomb which took place in the house of the appellant, Bishnu Oraon where the appellant and the other accused had assembled for committing some offence.;