NEERA @ JAMUNA @ SAPNA SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is preferred against judgment dated 10.7.2009 passed by Sessions Judge, Rajnandgaon (CG) in Session Trial No.41/2008 wherein the said Court convicted the appellant for the commission of offence under Section 5 of the Explosive Substances Act, 1908 (for short 'the Act 1908') and under Sections 153B and 120B of the Indian Penal Code and sentenced her to undergo rigorous imprisonment for five years and to pay fine of Rs.1000/-, RI for three years and to pay fine of Rs.1000/- and RI for Six months and to pay fine of Rs.1000/- respectively with default stipulations.

(2.) As per the version of the prosecution, on 05.12.2007 at about 3.35 pm, the appellant and other co-accused persons, jointly with a view to endanger the public life and property used land mine in earth. On the basis of the memorandum of the appellant, explosive substances were recovered. Report of the seized articles was obtained from the Central Laboratory, Hydrabad and it was found to be explosive substances. Certain articles were also seized in which imputations, assertions Prejudical to national integration was established. The offence was registered and investigated and after completion of the investigation, the appellant was charge sheeted and convicted as mentioned above.

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