JUDGMENT

Pinaki Chandra Ghose, J.

1. These appeals are directed against the judgment and order dated 5th October, 2007 passed by the High Court of Judicature at Patna in Criminal Appeal Nos.122, 92, 98 and 123 of 2003, whereby the High Court while confirming the conviction of the appellants and the sentence of life term, commuted the death sentence of Sheikh Shamsul and Sheikh Gheyas, to imprisonment for life and dismissed the appeals.

2. The brief facts necessary to dispose of these appeals are that on 19.01.1991 at about 6:00 pm, one Askari (since deceased), who happened to be the nephew of the informant (PW14) was at his grocery shop when appellants armed with bomb explosives and guns came near his shop. Appellant Sheikh Shamsul hurled a bomb at the deceased and as a result of the explosion Askari fell down on the Gaddi of the shop. In the meanwhile, appellant Sheikh Ashfaq also attacked him by a bomb which hit him on the chest and exploded and consequently Askari died at the Gaddi itself. Informant’s another nephew, namely, Mohd. Asad, who was at the Flour Mill just opposite the shop of Askari, hearing the sound of explosion came running to the shop and he was also attacked by a bomb by accused Sheikh Gheyas. Due to explosion Mohd. Asad sustained severe injury, fell down near the shop and became unconscious. Md. Vasir (PW1) who was standing there was also injured. On hearing the sound of the bomb explosion, villagers assembled there and appellants fled away towards North, firing shots in the air. Injured Mohd. Asad was taken to Bhagalpur hospital by the villagers in critical condition but he succumbed to injuries at the hospital on the same day.

3. Motive of the occurrence, according to first information report (‘FIR’), is that two years prior to the occurrence, a case under Section 307 of IPC was filed by the informant against the appellants and they were threatening the informant to withdraw the case, otherwise they would eliminate the whole family.

4. The law was set into motion upon lodging of FIR by PW14 (informant) arising out of Fardbeyan being Ext. No.7 on the same day at 10:00 pm, at Shahkund Police Station. The FIR was registered as C.R. No.I-69 of 2009. The post-mortem of the deceased was performed by Dr. H.I. Ansari (PW13). Looking to the post-mortem note of deceased Mohd. Askari, marked Annexure A-13, there were found explosive blast injuries on chest cavity deep, face; both lungs and hear were lacerated. As per the Post-mortem Report of deceased Mohd. Asad, there were found blast explosive injury on abdominal cavity; lacerated and bruise skin and lever. Both the deceased died due to injuries caused by powerful bomb blast as per above stated post-mortem reports marked Ext.13 and 13/13.

5. Upon completion of investigation and submission of the charge sheet, Sessions Case No.309/22 of 1993/1999 was registered against the accused. Thereafter, the Court of 1st Additional District & Sessions Judge, Bhagalpur, framed charges against the accused persons for the offences punishable under Sections 302, 302 read with Section 149 of IPC, Sections 3, 4 of the Explosive Substances Act, and Section 27 of the Arms Act. After they denied the said charges in their statements, the evidence of prosecution witnesses was recorded.

6. After recording the evidence of the prosecution witnesses and considering all the relevant facts, the Trial Court vide its judgment and order dated 4.02.2003 convicted accused No.3, 8 and 9 for the offence punishable under section 302 of IPC and Sections 3, 4 of Explosive Substances Act and sentenced accused Nos.3 and 9 (Sheikh Shamsul and Sheikh Gheyas) to death since the Court did not want to give them opportunity to commit third homicide as they had already been convicted previously in some other homicidal death case. Accused No.8 was sentenced to imprisonment for life. The accused No.7 Sheikh Chengwa was convicted for offence punishable under Section 302 read with Section 149 IPC and Sections 3 & 4 of th