SIKANDAR AXAMANI Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Zaveri, learned Counsel appearing on behalf of the appellant under Legal Aid Scheme and Mrs. Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent. This appeal is directed against the judgment and order dated 24/05/2010, passed by the learned Additional Sessions Judge-1, Panaji, (trial Judge) in Sessions Case No. 20 of 2007.

(2.) A charge sheet was filed by Ponda Police before the learned J.M.F.C. Ponda against the appellant (Accused) for offence punishable under section 286 of Indian Penal Code (I.P.C.) read with section 5 of the Explosive Substances Act, 1908 (the Act). Since the offence punishable under Section 5 of the Act was triable exclusively by the Sessions Court, the case was committed to the Sessions Court at Panaji. Charge was framed and explained to the accused, who pleaded not guilty.

(3.) The charge against the accused was that on 25/01/2006 at 12.30 hours at Naga Masjid Ponda, he negligently handled explosives in the rented room of Ms. Devamma Biradar, while preparing hand bomb to kill wild animals illegally which exploded due to heat of lighted stove and as a result of which the accused sustained burn injuries and thus endangered his life and the life of Devamma.