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2016 Supreme(Pat) 415

HEMANT GUPTA, I.A.ANSARI
Sripati Thakur – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Manish Kumar, Advocate
For the Respondent-State: Mr. Ajay Mishra, A.P.P.

JUDGMENT :

HEMANT GUPTA, J.

1. The present appeal against acquittal is directed against an order passed by 2nd Additional Sessions Judge, Darbhanga, on 27th November, 2015, in Sessions Case No.228 of 2008, granting benefit of doubt for the offences punishable under Sections 307 and 120B of the Indian Penal Code read with Sections 3, 4 and 5 of the Explosive Substances Act, 1908.

2. The appellant set the prosecution in motion when he made a statement on 08.09.2006 that when he was sleeping in his house, there was sound at his door and his mosquito net started burning due to which his chest, abdomen and neck got burn injuries. The wall of his house also caught fire. There was smell of petrol and the glass panes got scattered. He stated that family members and neighbours came who told that one boy in Lungi alone with naked body fled away towards the street of Balmukund Maharaj. He apprehended that these people have tried to kill him as there is dispute with one Indrakant Maharaj.

3. Though the incident is of 7th September 2006 at 9:45 P.M., but the First Information Report was lodged on 08.09.2006. On completion of investigation, a report was filed to make the accused to stands trial for










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