- (1.) These Cr. Appeals have been directed against the judgment of conviction and order of sentence dated 12th July, 2005 and 13.07.2005 respectively passed by the 1st Addl. Sessions Judge, Chaibasa in connection with S.T. No. 194/2004, corresponding to G.R. No. 441/2003 (Noamundi P.S. Case No. 40/2003) whereby the appellant, namely, Sikander Ansari @ Bhondu has been held guilty for the offence punishable under Ss. 302/324 of the Indian Penal Code but stood acquitted from the charge framed under Sec. 452 of the Indian Penal Code whereas both the appellants have been held guilty for the offence punishable under Ss. 302/120B of the Indian Penal Code. The appellant Sikander Ansari @ Bhondu has been sentenced to undergo R.I. for life under Sec. 302 of the Indian Penal Code. He has further been sentenced to undergo R.I. for three years for the offence punishable under Sec. 324 of the Indian Penal Code. The appellant Zaheer Khan @ Zaheer Ansari has been sentenced to undergo R.I. for life under Sec. 302 read with Sec. 120B of the Indian Penal Code. No fine against any of the appellant has been imposed.
(2.) The prosecution case as it appears from the fardbeyan of Devendra Mainti (P.W.2) recorded on 24.10.2003 at 10:15 hours at Tisco Hospital Noamundi within the district of West Singhbhoom is that on 24.10.2003 at about 8:30 a.m. the informant was brushing teeth in front of the medicine shop of his brother. Devdas Mainti (deceased) was sitting on a revolving chair in his medicine shop and sales man Beer Singh Purti was busy in dealing the customers. In the meantime, Hawaldar Jamil Ahmad came on a bicycle and asked for medicine. It is disclosed that Sikander Ansari @ Bhondu suddenly appeared and hurled two bombs on Debdas Mainti. Due to explosion of the bomb, Debdas Mainti, Hawaldar Zamil Ahmad (P.W.1) and sales man Beer Singh Purti (P.W.3) sustained injuries on their person. Debdas Mainti succumbed to his injuries whereas remaining two were treated in the Hospital. Reason behind the occurrence disclosed by the informant is that both appellants are own brother, Zaheer Khan had been demanding Rs. 5,00,000/ - from the deceased and threatened him to kill if the amount is not paid. It is stated in the fardbeyan that due to the above reason appellant Zaheer Khan @ Zaheer Ansari sent his brother Sikander Ansari @ Bhondu to commit the offence, who committed murder of Debdas Mainti by causing injury by means of explosive substance. On the basis of fardbeyan of Devendra Mainti, Noamundi P.S. Case No. 40/2003 dated 24.10.2003 under Ss. 452/324/302/120B of the Indian Penal Code and 4/5 of the Explosive Substance Act was registered. I.O. after due investigation submitted charge -sheet under Ss. 452/324/302/120B of the I.P.C. and accordingly cognizance was taken. Since report from F.S.L. regarding explosive substance was awaited, no charge -sheet under Sec. 4/5 of the Explosive Substance Act was submitted. The case of the appellants was committed to the court of sessions and registered as S.T. No. 194/2004. Charges against the appellants were framed and they were put on trial.
(3.) The prosecution in order to substantiate charges, examined altogether 10 witnesses and proved the documents. Learned Addl. Sessions Judge at the conclusion of trial held the appellants guilty as aforesaid and sentenced them accordingly and hence these appeals.;