VENUGOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above two appeals are filed by the 3rd and 4th accused in S.C.No.150/2005 on the file of the III Additional Sessions Judge (Adhoc), Fast Track Court No.1, Thrissur. The above case is chargesheeted by the Sub Inspector of Police, Anthikkad against the appellants and two others alleging offences punishable under Section 5 of the Explosive Substances Act and Section 27 of the Arms Act. The trial court convicted all the four accused under Section 5 of the Explosive Substance Act. The 3 rd and 4th accused alone filed appeal before this Court. Registry informed that no other appeal is pending in this Court except these two appeals against the judgment dated 11.8.2005 in S.C.No.150/2005. Since both appeals are filed by the accused in the same case, I am disposing these appeals by a common judgment.

(2.) The prosecution case is that the accused persons were found in possession of a country made bomb which was an explosive substance and some other items, namely a shaving knife and a dagger on 29.6.2003 at 4 pm. These items were found in an autorickshaw in which the appellants and the other accused were travelling.

(3.) To substantiate the case, the prosecution examined PW1 to PW7. Exts.P1 to P8 are the documents marked from the side of the prosecution. MO1 is the material object.