GEETARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order of conviction dtd. 18/7/2002 passed in Sessions Case No. 23 of 2000 for offences punishable under Ss. 3, 4 and 5 of the Explosive Substances Act, 1908, sentencing the appellant herein to suffer suffer rigorous imprisonment of 7 years, 4 years, 2 years and to pay fine, respectively, is questioned by filing instant appeal. FACTS IN BRIEF LEADING TO TRIAL ARE AS UNDER

(2.) Accused was a scrap dealer. On 27/10/1999, accused Geetaram, who had committed theft of ammunition, had engaged services of deceased Nana and Ramdas i.e. to extract metal. He visited their places and took them to his own house. According to prosecution, he handed over bomb to them for segregating metal. While handling the same, there was an explosion of said ammunition resulting into instant death of Nana and Ramdas along with some live stock. Therefore, on report by son of deceased Nana i.e. PW1 Navnath, crime was registered, duly investigated and on being chargesheeted, charge Exhibit 4 was explained to the accused. On his denial of charge, he was made to fact trial.

(3.) At trial, prosecution adduced evidence of in all 15 witnesses and relied on documentary evidence like FIR, panchanamas, postmortem reports, certificate Exhibit 53 etc. Learned First Ad-hoc Additional Sessions Judge, Ahmednagar, who conducted trial, reached to a finding that prosecution failed to establish offences punishable under Ss. 379, 304 Part II, 429 of the Indian Penal Code [IPC] and acquitted accused of the same. However, conviction for offences punishable under Ss. 3, 4 and 5 of the Explosive Substances Act, 1908 was recorded. Now said judgment is taken exception to. SUBMISSIONS On behalf of the appellant :