NITIN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) - This appeal has been preferred by the appellant from jail against the judgement and conviction dated 29.3.2014 passed by Additional Sessions Judge, Court No. 3 Fatehpur in Sessions Trial No. 424 of 2013 (State Vs. Nitin Gupta) arising out of case crime no. 172 of 2013 under Sec. 4/5 Explosive Substances Act P.S. Bindki district Fatehpur whereby the appellant was convicted for 5 years rigorous imprisonment along-with fine of Rs. 5,000.00 in case of none payment of fine, to further undergo 3 months additional imprisonment and the period already undergone to be adjusted. The facts of the case on brief are as under :

(2.) The charge under Sec. 4/5 of the Act is being made against the appellant on 7.10.2013 from which the appellant denied and claimed to be tried.

(3.) During trial P.W. 1, Atar Singh was produced, who was the witness of the recovery, then P.W. 2 Constable Gulab Singh, was produced, who was also the witness of the recovery and accompanying S.I. Atar Singh at the time of the incident. P.W. 3 Constable Ramakant Mishra is also witness of the recovery. The P.W. 4 Shivakant Dwivedi is the Investigating Officer of the case, who initiated the investigation. Later on, the investigation was done by the S.I. Chhedi Lal and the charge sheet was also submitted by the S.I. Chhedi Lal. As S.I. Chhedi Lal was superannuated at the time of the statement of P.W. 4, he has proved the charge sheet filed by the S.I. Chhedi Lal. Constable Jabir Ali is being produced as P.W. 5, who scribed the cheek FIR and also got the entries made in the General Diary and have proved all these papers.