IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No 47 of 2004 Arising Out of PS.Case No. -null Year- null Thana -null District- BHAGALPUR ===========================================================

Mohd Wakil, son of late Mohd Biran, resident of Village – Emarat Sariya, Sajjadnagar, PS – Lodipur (Sabour) District - Bhagalpur .... .... Appellant/s Versus State of Bihar .... .... Respondent/s ===========================================================

Appearance :

For the Appellant/s : Ms Shailja (Amicus Curiae) For the S t a t e : Mr Parmeshwar Mehta, APP ===========================================================

CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

CAV JUDGMENT

Date: 26-04-2018 Heard learned amicus curiae for the appellant and the learned APP for the State.

2 The appeal has been filed challenging the order of conviction dated 24^th November, 2003 passed by Shri Sushil Kumar, Additional Sessions Judge, Fast Track Court, Bhagalpur in Sessions Trial No 732 of 1992 whereby and whereunder the sole appellant has been convicted for the offences punishable under Section 307 of Indian Penal Code (for brevity, IPC) as also Section 4 of the Explosive Substances Act. For offence under Section 307 of IPC, he has been sentenced to undergo rigorous imprisonment for seven years with fine of Rs 2,000/- and in default thereof to undergo further simple imprisonment for a period of one year. He has further been sentenced to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 4 of the Explosive Substances Act and fine of Rs 1,000/- and in default thereof to undergo simple imprisonment for six months. The trial Court has ordered the sentences to run concurrently. Charges under Sections 324 and 201 of IPC and Section 3 of the Explosive Substances Act have been disbelieved by the trial Court as they have not been proved.

3 The prosecution case is that the informant Md Eqbal (PW 1) gave his Fardbayan at the Lodipur Police Station (for brevity PS) in the district of Bhagalpur at 8 pm on 26.04.1991. The prosecution case, as stated by the said Md Eqbal (PW 1) is that while he was sitting at his house in village – Imarat Sharaia, Sajjad Nagar under Lodipur PS, hulla relating to activities of criminals were heard. Accompanied by his brother Md Firoz (PW 2), the informant rushed to the house of accused Md Wakil who happens to be a co-villager. The accused was at his house and was standing at his door when the informant asked him out of curiosity regarding the hulla. It is alleged by the informant (PW 1) that the accused Md Wakil moved inside the house and came back with a bomb in his hand. It is alleged that the accused hurled the bomb on the person of the informant hitting him below the left ear and left shoulder. It is alleged that informant sustained severe injuries and then the accused fled away towards the north, the informant alleges that several other witnesses came to the place of occurrence. Prior to the said incident, it is alleged that there had been a quarrel between the informant and the accused.

4 Sub Inspector Mohan Prasad (PW 5), who was the then Officer-in-charge of Lodipur PS received the Fardbayan only two hours after the occurrence and formal first information report (for brevity, FIR) was lodged on 27.04.1991, i e the next morning at 8 am. As such, Sabour (Lodipur) PS Case No 94 (4) of 1991 dated 26.04.1991 was drawn. Investigation was taken up and on completion of the same, charge sheet was submitted against the instant appellant on 06.09.1991 whereafter cognizance was taken by the learned Chief Judicial Magistrate, Bhagalpur for the offence on 09.09.1991. The case was transferred to the Court of Shri P K Singh, Judicial Magistrate, 01^st Class, Bhagalpur. After commitment to the Court of Session on 28.11.1992, it was transferred to the Court of learned Additional Sessions Judge VII, Bhagalpur and, thereafter, to the Court of learned Additional Sessions Judge VI, Bhagalpur