Judgment

B.N. Agrawal, J.—The sole appellant was convicted by the trial court under Section 302 read with Section 34 of the Indian Penal Code [‘IPC’ for short] and sentenced to undergo imprisonment for life. He was further convicted under Sections 3 & 5 of the Explosive Substances Act, 1908 [hereinafter referred to as ‘the Act’] and sentenced to undergo rigorous imprisonment for a period of 10 years on each count. The sentences were, however, ordered to run concurrently. On appeal being preferred, High Court upheld the conviction. Hence this appeal by special leave.

2. Prosecution case, in short, was that on 10.6.1983 at about 7.45 p.m. when Joginder Singh (PW 9) came back to his house, he found his brother - Bhola Singh sitting at the outer verandah of the house chatting with one Shobha Rai [DW 3]. At about 8.10 p.m. Joginder Singh heard sound of explosion and found that a bomb was thrown upon his brother — Bhola Singh. Thereafter he saw the appellant - Rajan Rai, accused Kameshwar Rai, Tileshwar Rai [since deceased], Sipahi Rai, Bankim Rai and Dasrath Rai having bags in their hands and throwing bombs on his brother as a result of which he fell down and succumbed to the injuries. PW