STATE OF GUJARAT Vs. MOHMED ISMAIL AHMEDBHAI SHAIKH

JUDGEMENT

(1.) The present appeal emanates from the judgement and order dtd. 20/6/2005 passed by the learned Additional City Sessions Judge, Court No.6, Ahmedabad City, Dist.Ahmedabad in Sessions Case No.29 of 2004 acquitting the respondent- accused for the offences, for which they were charged as per the charge at Exh.2.

(2.) It is the case of the prosecution that on 10/8/2003 at around 16:30 hrs, an explosion has taken place at Ektanagar slums due to the explosion of the explosive material, which was alleged to have been stored by the respondent- accused. It is alleged that due to such explosion, two persons have succumbed to death and injuries were suffered by the large number of hut-men and dwellers of the slums and accordingly, the respondent-accused were charged with the offences punishable under Ss. 120B, 304, 337 and 338 of the Indian Penal Code, 1860, under Ss. 3 and 5 of the Explosive Substances Act, 1908 and under Sec. 25(1) of the Arms Act, 1959. The trial Court, after examining the oral as well as documentary evidence, has acquitted the respondent-accused from the offences, for which they were charged. Being aggrieved, the present appeal is filed by the State.

(3.) We have heard the learned APP as well as scaled the evidences, which have been established on record.