S.P. Garg, J.

1. The appellants – Santoshanand Avadhoot @ Ghan Shyam Prasad (A-1); Ram Janam Dwivedi @ Ranjan Dwivedi (A-2) and Sudevanand Avadhoot @ Misri Lal Yadav (A-3) impugn a judgment dated 28.10.1976 of learned Addl. Sessions Judge in Sessions Case No. 9/1976 arising out of RC 11/75/CIU/SPE/CBI by which they were held guilty for committing offences under Section 120 B (1) Indian Penal Code (in short ‘IPC’). A-1 and A-3 were also held guilty under Section 307 IPC and Section 4 (b) Explosive Substances Act 1908. By an order dated 01.11.1976, A-1 and A-3, were sentenced as under :

(i) Rigorous imprisonment (in short ‘RI’) for seven years under Sections 120B (1) read with Section 115 IPC.

(ii) RI for ten years under Section 307 IPC for the attempt to murder CJI.

(iii) RI for ten years under Section 307 IPC for the attempt to murder Sh. Ajoy Nath Ray.

(iv) RI for ten years under Section 307 IPC for the attempt to murder Jamadar Jai Nand.

(v) RI for ten years under Section 307 IPC for the attempt to murder driver Inder Singh.

(vi) RI for seven years under Section 4 (b), Explosive Substances Act, 1908. A-2 was awarded RI for four years under Section 120B(1) read with Section 115 of IPC.

2. The sentences enumerated at Nos. (ii) to (vi) were to operate concurrently but only after A-1 and A-3 had served out the sentence mentioned at No. (i).

(A) Facts in brief

3. The factual matrix in which the appellants came to be prosecuted and convicted has been set out in detail by the Trial Court. I need not, therefore, recapitulate the same all over again except to the extent it is necessary. Shorn of details, the prosecution case as reflected in the charge-sheet is as under :

4. In a macabre incident which took place on 20.03.1975 at about 04.15 P.M. the assailants threw two hand-grenades in the car in an attempt to murder Sh. A.N. Ray, the then Chief Justice of India (in short : CJI) when he was proceeding with his son Ajoy Nath Ray from the Supreme Court to his residence in a staff car bearing registration No. DL C 6431 driven by PW- Inder Singh. PW-Jai Nand, Security Officer / Jamadar was present inside the car in the front seat. The hand-grenades were thrown after the car had covered a distance of about 200 metres from gate – ‘A’ exclusively reserved for Supreme Court Judges at the intersection of Tilak Marg and Bhagwan Das Road when it pulled up there on account of STOP signal. The nefarious designs of the assailants did not yield any result and providentially the hand-grenades thrown inside the car did not explode. Apparently, the assailants failed to accomplish the dangerous mission. PW- Jai Nand who had seen an ‘individual’ throwing ‘something’ wrapped in a handkerchief inside the car through the window where CJI was sitting, questioned him as to what he was doing there.

Instead of giving reply / response, the assailant suddenly started running towards Bhagwan Dass Road. It prompted Jai Nand to get out of the car and chase the assailant shouting ‘pakro - pakro’. The culprit entered into a taxi parked nearby at Bhagwan Dass Road; came out of it immediately; fled towards Garhwal House; jumped over it; crossed its front gate and disappeared. SI Om Prakash, PW- Const.Jai Lal, PW-Ramji Lal and many others joined PW-Jai Nand to chase the assailant but in vain.

The police machinery swung into action promptly on getting information from Police Control Room. Insp.Sajjan Singh, SHO Tilak Marg Police Station along with his team of police personnel reached the spot after receiving the wireless message from SI Inder Singh. He made an unsuccessful search for the culprit and returned to the crime scene at about 05.10 P.M. He examined the spot of occurrence, prepared a rough sketch (Ex.P-106) of the crime scene and seized various articles. He lodged First Information Report after recording Jai Nand’s statement (Ex.P16). Two unexploded hand-grenades (Ex.A3 and Ex.A4) lying near the rear portion of the car, handkerchiefs (Ex.A5 and Ex.A6) were taken