Sheikh Juman & Anr.Etc vs State Of Bihar

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.

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 the Explosive Substances Act and sentenced him to rigorous imprisonment for 10 years. Rest of the accused were convicted for the offences punishable under Section 302 read with Section 149 of IPC and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years.

8. The High Court vide its judgment and order dated 5th October, 2007, rejected the death reference and also dismissed the aforesaid appeals filed by accused persons and confirmed their conviction. However, the death sentence of accused Sheikh Samsul and Sheikh Gheyas was commuted to imprisonment for life. Aggrieved by the aforesaid judgment and order passed by the High Court, the accused persons have sought to challenge the same before us in these appeals.

20. It was further argued that the position cited in Bhim Rao’s case (supra) is different from that of the present case. PW14 and other witnesses present with him were prevented from saving the victims while bombs were hurled at the deceased. While relying upon the evidence of PW4, PW5, PW6 and PW16 and other witnesses, it is corroborated that after hurling of bomb by Shamsul and Ashfaq the appellants fled away by firing in the air. One of the appellants was caught with hot cartridge tied in his lungi by PW-16 and this fact has been corroborated by PW7, PW9, PW14, PW15 and PW16. Therefore, the prosecution case leaves no room for doubt whatsoever about the commission of offence by the appellants.

24. Thus, in the light of the above discussion, we are of the view that the present appeals are devoid of merits and the judgment passed by the High Court does not warrant interference. These appeals are, accordingly, dismissed.

February 23, 2017.