MAJEED KHAN MOHAMMAD YASEEN KHAN Vs. REX

JUDGEMENT

(1.) On the facts found by the learned Sessions Judge is this case, and having regard to a for other circumstances which I shall notice, the conviction of the appellants Majid Khan and Bundu Khan was, in my opinion, almost impossible. They were convicted each under Section 4 (b), Explosive Substances Act (vi [6] of 1908) and sentenced to five years' rigorous imprisonment by the learned Sessions Judge of Meerut, and they appeal against the same.

(2.) The case, arose in the following manner. On 13th June 1947, at 10-30 P.M., one Dwarka Prasad lodged a report at the police station Baghpat to the following effect: In the mosque of mohalla Eangran, Bagbpat town there were three violent explosions. The reports were very loud and caused piano throughout the town. When I went to the scene I found the mosque smothered with smoke and the smell of gun powder prevailing all round. People were coming out of the mosque with articles. There were previous complaints of the collection of aroma in this mosque.

(3.) In his evidence in Court, Dwarka Prasad, informant, introduced a lot of additional facts which had not been mentioned in the above report. He then said that when after hearing the reports he had rushed to the mosque and gone into it, he found there were about 20 person outside the Hujra (room) whereas inside it there were four men, two of whom were lying on the ground and appeared to be injured. While the other two held a lantern each and were looking round the room and saying that everything should be collected quickly. He declared that these four men were the two appellants and two other persons, Umrao and Salim, father of Bundu Khan appellant.