STATE OF UTTARANCHAL Vs. MOHD SAYED

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 9/3/2004 passed by the learned Additional Sessions Judge/I F.T.C., Haridwar in Session Trial No. 241 /03 in Case Crime No. 150 of 1997 whereby he convicted and sentenced the accused u/Ss. 216/34, I.P.C. and 4/5 Explosive Substances Act and 151/34 of Railways Act to the period already undergone by him in jail.

(2.) Brief facts for the disposal of this appeal are that an F.I.R. was lodged in the Police Station GRP Laksar on 24/7/1997 by the Station Master alleging therein that on 24/7/1997 at about 1.45 p.m. he got the information that in between the railway station Chakrajmal and Suohara there is a bomb blast in 3010 Doon Express. On the information, the police party reached at the Suohar Station and inquired about the said explosion. It was revealed by the passengers therein that when the train started from Dehradun, an unknown person came in the said coach along with the briefcase. He kept the briefcase inside the seat and tied it with a chain along with the seat. When the other passengers inquired about that unknown person, he stated that he also belong to the Army and he is going along with them. When the train started from the station, the said unknown person did not come in the boggy. The said coach in which the explosion took place had the passengers who belong to the Indian Army. When the said train left the Chakrajmal station then the explosion took place in the said boggy. People saw that smoke was coming from the said briefcase. The Army persons who were sitting in the said coach tried to throw out the said briefcase but they could not succeed to their effort because the suitcase was tied with the said seat. Then one of the Army person sitting in the compartment kicked the said briefcase and it was opened by the said kick and the said briefcase was thrown outside the compartment. Thereafter, a goods train was coming behind the said train in which few Army persons were sitting and the said goods train stopped at the place of the incident and passengers saw inside the said briefcase some explosive articles. The said briefcase was taken into the custody by the police personnel.

(3.) Thereafter the police started the investigation in this matter. The prosecution has further stated that another case was registered on 30th July, 1998 u/Ss. 121/12A/112, I.P.C. and 4/5 Explosives Act and 18 Foreigners Act, 1948 in the Railway Station, Delhi. While making the investigation of that case, the Delhi Police arrested the respondent-accused. The Investigating Officer of Delhi case informed the Investigating Officer of the present case that accused-Mohd. Saied alias Abdul Sattar had been lodged in Tihar Jail and he was also involved in the Case Crime No. 150 of 1997 of Hardwar. The Investigating officer of Hardwar went to Delhi and he recorded the statement of the present accused-respondent as well as the other witnesses and he filed the charge-sheet before the A.C.J.M. Roorkee, Haridwar.