The appellant was tried by the learned 2nd Additional Sessions Judge, Siwan in Sessions Trial No.226 of 1990 after being charged with committing offences under Section 307 IPC and Section 3 of the Explosive Substances Act and by judgment dated 10th of September, 1999, he was held guilty of committing the two offences. After being heard on the quantum of sentence, the appellant was directed to suffer rigorous imprisonment for seven years as also rigorous imprisonment of five years on the above two respective counts with further direction that the sentences were to run concurrently.

2. The informant was sleeping in his house at about 11 P.M., he felt being attacked by a bomb and he woke up from his sleep. He claimed identifying the appellant who was running away from the scene of occurrence in the light of an electric bulb burning there. The appellant was accompanied by another unknown person.

3. The fardbeyan (Ext-3) of the incident was lodged on 05.03.1989 at 4.30 A.M. and the FIR (Ext-2) of the case was drawn up and on that basis the case was investigated into.

4. The informant Somari Choudhary (P.W.5) was examined by P.W.6 Dr. Jai Narayan Prasad who found the following injur