MEHBOOB USMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Ahmedabad, in Sessions Case No. 26 of 1970 on 22. 6. 1970.

(2.) THE prosecution story in the above case was in brief as under. The members of muslim community had attacked the temple of Jagannathji situated outside Jamalpur Darwa is in Ahmedabad on 18. 9. 1969 and 12 sadhus were alleged to have been injured during the above attack. As a result of the above attack, riots broke out in Ahmedabad. The normalcy was, however, restored in Ahmedabad city from 3. 10. 69 onwards. On 17. 10. 1969 at 0. 45 hours, there was an explosion in Salian Jamdar Mohalla in Dariapur. On 21. 10. 1969 another explosion took place at about 7. 30 p. m. in Nariawad in Jamalpur locality. Lance Naik Rameshchandra who was on duty on hearing the report of the explosion, went to the actual place of explosion. The above place was situated in an open land which was known as Jay Maidan. He found some persons running away from that place the however made a cordon with the help of the police constables and arrested 14 persons. One person was seriously injured and he subsequently died. Two other persons were also injured as a result of the explosion. The above information was communicated to Police Inspector Kanade. who carried on (investigation into the above offence. Some live bombs and other articles were attached from the site of the, explosion. The accused and some other persons were arrested by the police 12 persons including the present appellant were committed to the court of Session to stand their trial for various offences.

(3.) THE accused and 11 other persons were tried for offences punishable under Section 120b read with Sections 302, 326, 115 of the Indian Penal Code and Sections 4 (a), 4 (b) and 6 of the Explosive Substances Act. 1908. (herein after referred to as the Act), They Were also separately charged for the offers under Sections 4 (a), 4 (b) and 6 of the Act read with Section 34 of the Indian Penal Code which were alleged to have been committed by them in pursuance of the criminal conspiracy pointed out in the earlier part of the charge. Third part of the charge related to an offence punishable under Section 304a of the Indian Penal Code.