LAWS(CHH)-2024-3-84

RAMKUMAR CHANDRAVANSHI Vs. STATE OF C.G.

Decided On March 15, 2024
Ramkumar Chandravanshi Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) The appellant has filed the instant appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973, (henceforth 'the Cr.P.C.') questioning the judgment of conviction and order of sentence dtd. 13/1/2011 passed in Session Trial No. 117/2009 by which the learned Session Judge, Durg, District Durg, (C.G.) has convicted and sentenced the appellant as under :-

(2.) Case of the prosecution in brief is that on 5/5/2009, on the basis of a secrete information received, S.I. of Police Station Dhamdha, and other police staff had reached at bus stand Dhamdha and found that one man is carrying a jute bag and on enquiry and search, they found 8 polythene pouch in which about 22 pieces of stick of explosive substance.

(3.) As per the evidence given by the Researcher namely S.L. Sahu before the Trial Court, he seized 8 packets of substance (Article A-1 to H-1 as Exhibit-01) and sent in a sealed condition to the Forensic Science Laboratory, Raipur. He has stated in his evidence that the investigation report given by the Forensic Science Laboratory, Raipur is Exhibit 15, wherein it is clearly stated that the chemical test of Nitroglycerin of the substance from Ex. A-1 to Ex. H-1 was found to be positive. It has been opined that explosive substance Nitroglycerin and Ammonium Nitrate were present in the substances from Ex.A-1 to H-1. Therefore the prosecution has been successful in establishing that the substance seized in this case is an explosive substance.