JUDGMENT : 

1 The Revision has been preferred by the widow of the deceased raju Sonkar aggrieved by judgment dated 9.12.2000 passed by Addl. Sessions judge, Jabalpur in S. T. No.601/98 thereby acquitting the accused/respondents shamim Ahmad and Kailash Sonkar for commission of offence under section 302, 307 and 120-Bof IPC.

2 The prosecution case briefly stated is that on 12.2.1998 at about 7.30 am when Raju Sonkar started his car after putting the key, there was bomb blast, raju Sonkar wanted to go to the School to leave his son Sameer, daughter Medha and sister's son Shailu Sonkar. On hearing the noise of bomb blast wife of the deceased Raju Sonkar came and found smoke in the Maruti car, Raju Sonkar could not come out of driving seat whereas Sameer, Medha and Shailu Sonkar could come out of the car. Raju Sonkar was taken out of the car and was taken to victoria Hospital for treatment. Dr. A. K. Jain (PW-14) medically examined injuries of Raju Sonkar and submitted report (P-45 ). Raju Sonkar died due to the injuries during the course of treatment. Shailu @ Shailendra (PW-19) lodged report (P-48)on the basis of which offence was registered at P. S. Omti, after death of Raju sonkar marg (P-50) was registered, inquest (P-8) was done, autopsy was performed by Dr. Pramod Shrivastava (PW-2), report (P-52) was submitted. Pieces of bomb, blood stained and control soil shirt etc. were seized as per seizure memo (P-11 ).

3 Confessional statement (P-59) of accused Shamim was recorded under section 164 of Cr. P. C. by Addl. Chief Judicial Magistrate Smt. Radha Sonkar (PW-39) on 18.8.1998 on the basis of which Shamim was arrested as per memo (P-62) at 6.00pm next day on 19.8.98 thereafter Shamim retracted the confession by submitting an application (D-4 ). During the course of investigation statement of Hair Narayan (PW-11) was recorded on 7.11.1998. Kailash Sonkar was also arrested as per arrest memo (P-65) on 5.10.1998. Certain articles, diary, Gupta, katta, telephone wire etc. were seized from the house of the accused Kailash sonkar as per seizure memo (P-6 ). With respect to repair of car bills, vouchers, receipts (P-13 to P-42) were seized as per memo (P-43), other documents relating to car name, job card etc. (P-53, P-54 and P-55) were also seized. Articles were sent from the hospital as per memo (P-58) in the sealed packet. Sealed articles were sent to Forensic Science Laboratory, the reports (P-66, P-68 and P-69)were submitted.

4 Accused Shamim was charged for commission of offence under section 302 and 307 of IPC and accused Kailash Sonkar was charged for commission of offence under section 120-B, read with section 302 and 307 IPC.

5 The accused abjured the guilt and contended that they have been falsely implicated in the case. Accused Shamim in addition took defence that police had detained him from 5.8.98, kept him in the custody and he used to be ill treated, repeatedly Police made inquiry from him who fitted the bomb in the car of the deceased and due to the pressure of the police and threat of administering the electric shock he had made confessional statement (P-59) before the Addl. Chief judicial Magistrate. It was not voluntary confession. His statement made in retraction application (D-4) was correct, he had not fitted the bomb in the car of the deceased Raju Sonkar on being asked by accused Kailash Sonkar, he was simply a motor mechanic and was not even knowing the work of electric wiring. Kailash Sonkar took the defence that he has been falsely implicated by the police in the case. He had made a public agitation in the year 1993 against Rakshpal yadav for beating Raju Khatique who used to reside in the locality, he was killed by the police in the custody, since he was the pioneer of the agitation, he had been falsely implicated by the police in the instant case. He had also filed a private complaint against the Police station officer in charge Jaggi and Rakshpal Singh, that was the reason he had been fa