1. Heard Mr. Sumit Jha, learned counsel for the appellant and Mrs. Anita Kumari Singh, learned APP for the State.

2. By this appeal, appellant / convicted accused, Brahmdeo Thakur, is challenging the judgment of conviction and order of sentence dated 19.04.2004 passed by Sri Ram Pravesh Sharma, 1st Additional Sessions Judge, Sitamarhi, in Sessions Trial No.86 of 2002 / 25 of 2002 (arising out of Sitamarhi Sadar P.S. Case No.284 of 2001, by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for 7 years under S.307 of the Indian Penal Code and further to undergo rigorous imprisonment for 4 years under S.3 and S.4 of the Explosive Substances Act separately.

3. The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:
"The informant, namely, Nagendra Chaudhary (PW - 5) has stated that on 07.11.2001 at about 8:30 PM, one person came to his toddy shop for taking toddy and had taken three bottles of toddy and after consuming the toddy, he asked the person to pay the amount, but he gave some amount less than the price then he demanded more amount and had followed the accused for rest amount and then c