D.N.UPADHYAY,J. - (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 27.01.2005 passed by the 3rd Addl. Sessions Judge, Fast Track Court, Jamtara in connection with Sessions Trial No.221 of 1995 / 140 of 2002 corresponding to G.R. Case No. 362 of 1993 arising out of Kundahit (Bagdehari) P.S. Case No. 65 of 1993 whereby all the four appellants have been held guilty for the offences punishable under Section 302/34 of the Indian Penal Code and under Section 3 and 4 of the Explosive Substance Act. Appellants namely Dilbahadur @ Dilu Dom @ Dilip @ Dil Bahar Dom, Fatik Dom and Keshav Dom have further been held guilty for the offence punishable under Section 307/34 of the Indian Penal Code. All the four appellants have been sentenced to undergo R.I. for life under Section 302/34 of the Indian Penal Code and R.I. for 10 years under Section 3 of the Explosive Substance Act and to pay fine of Rs.2000/. In default of payment of fine further R.I. for one year. No separate sentence under Section 4 of the Explosive Substance Act has been inflicted. The appellants who have been held guilty for the offence punishable under Section 307/34 of the Indian Penal Code have further been inflicted sentence to undergo R.I. for ten years and to pay fine of Rs.2000/ each. In default of making payment of fine, further R.I. for one years.
(2.) The facts reveal from fardbeyan of Lilu Dom (now deceased) recorded on 18.08.1993 at 18.45 hours at Bagdehari Police Station are that at about 2.00 p.m. on the same day when the informant with his nephew Khagen Dom (deceased) were having their meal in their house, they heard hulla raised by Krishna Dom. Both of them came out of the house and saw appellants Fatik Dom, Dil Bahar Dom, Keshav Dom, Damu Dom along with accused Vijay Dom, Pankhi Dom and Tufan Dom having bomb in their hand. It is alleged that Vijay Dom and Pankhi Dom challenging the informant and his nephew Khagen Dom instigated companion accused to kill them. Thereafter Damu Dom hurled bomb on Khagen and due to explosion of the bomb Khagen sustained injuries on his abdomen and fell down. When the informant tried to rescue Khagen, appellants Fatik Dom and Keshav Dom hurled bomb on him as a result he sustained injuries on his forehead, chest and waist. Hearing the sound of explosion, Bhuto Dom also came out of his house and he was targeted by Dil Bahadur Dom who hurled bomb causing injury to Bhuto on his left thigh. It is disclosed that after hearing sound of explosion people of the locality reached to the place and seeing the people coming towards the place of occurrence, the appellants with their associates started fleeing away. The informant has named some of the witnesses who had reached to the place and seen the occurrence. The family members and people assembled had been trying to remove Khagen to hospital but he died on the way to hospital. The motive behind the occurrence has been assigned as old enmity which developed after Suresh Dom, younger brother of the informant, had abducted wife of Fatik Dom about ten years ago.
(3.) On the basis of fardbeyan of Lilu Dom, Kundahit (Bagdehari) P.S. Case No. 65 of 1993 under Section 307 & 302/34 of the Indian Penal Code and Section 3 & 4 of the Explosive Substance Act against all the named accused including the appellants was registered. The police, after due investigation, submitted chargesheet. Accordingly, cognizance was taken and the case was committed to the court of sessions and registered as Sessions Trial No.221 of 1995 / 140 of 2002.;