BHAGWAT LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 23.03.2010 passed by Additional Sessions Judge (FTC) Rajnandgaon (C.G.) in Session Case No. 33/2008, wherein the said court convicted the appellants for commission of offence under Section 5 of Explosive Substances Act, 1908 (for short "the Act, 1908") and sentenced to R.I. for 3 years and fine of Rs. 1000/- each with further default stipulations.

(2.) The appellants were charge-sheeted for commission of said offence on the ground that they were in possession of 8 Kg. of ammonium nitrate (with diesel), 100 feet Explosive Batti & 6 pieces Electric Detonator on 17.03.2007 at about 16.05 p.m. near Joratarai in Victor Christian Crusher.

(3.) Learned counsel for the appellants submits as under: -