KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two appeals, Crl. A. No. 286 of 1970 preferred by the State and Crl. A. No. 887 of 1969 preferred by the two appellants (A-1 and A-2), arise out of the judgment of the Additional Sessions Judge, Hyderabad in S.C. No. 62 of 1969 on his file.

(2.) The facts necessary for the disposal of these two appeals, may be briefly set out. A section of the students joined the agitation started for a separate State for Telangana area. The Commissioner of Police had issued prohibitory orders banning all kinds of meetings and processions without his prior permission. A meeting of "Telangana Praja Samithi" was held on 6th April, 1969 and there was police bandobust to prevent any untoward incident. The case of the prosecution is that A-1, A-2 and A-4 had conspired to hurl explosives at the police parties stationed for 'bandobust' in the disturbed areas of Secunderabad. These three accused sought the co-operation of A-3 who is said to have experience in the preparation of explosives. Pursuant to the conspiracy hatched by A-1 to A-4, they obtained the necessary material for preparation of bombs or explosives, and are said to have made 13 countiy-bombs. Pursuant to the conspiracy and also in furtherance of the common object, A-1, A-2 and A-5 are said to have thrown, bombs on a police-van stationed at Rashtrapathi Road, Secunderabad, causing injury to a wireless-operator and damage to the van. A case was registered against them under section 307 of the Indian Penal Code and section 3 of the Indian Explosive Substances Act. Another incident took place on 20th April, 1969 at about 8-30 P.M. when A-1 and A-2, in furtherance of their common object, are said to have thrown two country-bombs, on the Central Reserve Police men stationed at R.M.S. Office, Secunderabad, causing injuries to some constables. A case was also registered against them under section 307, Indian Penal Code and section 3 of the Indian Explosive Substances Act. The third incident was on the intervening, night of 3rd and 4th May, 1969. That was also the result of the conspiracy to which A-1 and A-2 were parties. A-1 and A-2 threw two bombs on a police-van and that resulted in the death of a Constable by name Syed Farooq Ali, and injuries to a Head Constable. As a result of the explosion, damage was caused to the police-van too. A case was registered against A-l and A-2 under sections 302. and 307 of the Indian Penal Code and sections 3 and 5 of the Indian Explosive Substances Act. The 5th City Magistrate before whom the charge-sheet was laid against A-l to A-5, committed them to take their trial in the Court of Sessions at Hyderabad. The learned Sessions Judge framed as many as 16 charges against the accused but he found, on a scrutiny of the evidence on record, that except charge No. 16, the other charges were not made out by the prosecution and, therefore, he acquitted the accused of the rest of the charges and while acquitting A-3 to A-5, he convicted A-l and A-2, against whom charge No. 16 was framed, under section 5 of the Explosive Substances Act and sentenced each of them to three years' rigorous imprisonment. It i s against their convictions and sentences that A-l and A-2 have preferred the appeal (Crl.A. No. 887 of 1969). The appeal preferred by the State (Crl. A. No. 286 of 1970 is against the acquittal of A-l and A-2 under charges Nos. 10,12 and 14.

(3.) The charge No. 10 relates to causing the death of Syed Farooq All, a Constable of the Central Arm Reserve by A-1 and A-2, by hurling explosivesi.e., two country bombs, on the police-van in which he was on duty, on the intervening night of 3rd and 4th May, 1969. Under charge No. 12, A-1 and A-2 are indicted under section 307 read with section 34 of the Indian Penal Code for attempting to cause the death of a Constable by name Syed Mohd. Hussain. The charge No. 14, refers to A-1 and A-2 using explosive substances, i.e., two country bombs, by hurling them on the police-van, which resulted in causing damage to the policevan. Therefore, they were charged under section 3 of the Indian Explosive Substances Act.