The central legal point established in the judgment is the distinction between 'murder' and 'culpable homicide not amounting to murder' under the IPC, and the application of this distinction to determine the appropriate conviction for the accused.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Senior Advocate assisted by Sri Sunil Kumar Singh, learned Advocate for the appellant and learned A.G.A. for the State.

2. This appeal challenges the judgment and order dated 28/30.7.2015 passed by Additional Sessions Judge, Court No.1, Agra in Sessions Trial No.280 of 2012 convicting appellant under Section 452, 307 & 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 4/5 of the Explosive Substances Act, 1908 (for short 'Act, 1908'). The learned Additional Sessions Judge has sentenced the accused in the following manner and has held that all the sentences to run concurrently:

3. On the fateful day when grand daughter was born to daughter in law of legendary actor, Sri Amitabh Bachchan, the daughter of the complainant was injured by the bomb which was in fact a cracker bomb with which the accused was celebrating the birth of grand child of Sri Amitabh Bachchan in his home city namely Allahabad. The accused is said to have thrown two bombs shells into the house of the complainant at about 5.00 p.m. in the evening on the fateful day i.e. 11.11.2011. The accused who was staying near the house of the complainant. The complainant got injured. The particles of the bomb pierced her bad and her daughter Kavita who came out of the rest room at that time the accused came inside with a purpose to do away with the deceased, hurled the second bomb by which the young girl was injured. Many people came to spot and seeing them, the accused ran away. Complainant and her daughter were taken to the hospital. The complaint is of dated 11.11.2011. Unfortunately, on 3.12.2011, the daughter of the complainant passed away whose name was Kavita. The complainant identified the dead body at the mortuary. The postmortem was also performed on the very same day. The police officer took the fire cracker bomb and got it defused and sent the same for examination at the Forensic Science Laboratory Department. The police reported the death as unnatural death by violence and that is how the medico legal postmortem was prepared. The dead body was received on 3.12.2011. She was treated locally, shifted to Central Hospital, Northern Railway and then shifted to Dr. R.M.L. Hospital on 16.11.2011. She died on 2.12.2011 during treatment.

4. Investigation was moved into motion and after recording statements of various persons, the Investigating Officer submitted the charge-sheet against accused.

5. The accused was facing charges which were exclusively triable by the Court of Sessions, hence, the case was committed to the Court of Sessions.

6. On being summoned, the accused pleaded not guilty and wanted to be tried, hence, the trial started and the prosecution examined about 12 witnesses who are as follows: