MUCHAGUNTA SUBBARAYUDU Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C'), is filed by the appellant, who is the sole accused in Sessions Case No.334 of 2008, on the file of the Court of Principal Sessions Judge, Prakasam Division, Ongole (for short, "the Sessions Judge') challenging the judgment therein, dtd. 7/4/2009, whereunder the learned Sessions Judge found the accused guilty of the offence under Sec. 5 of the Explosive Substances Act, 1908 (for short, "the ES Act'), convicted him under Sec. 235(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.100.00 in default to suffer Simple Imprisonment for one month.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The Sessions Case No.334 of 2008 arises out of the committal order, dtd. 4/8/2008, by the Additional Judicial Magistrate of First Class, Giddalur (for short, "the learned Magistrate') in PRC No.52 of 2008 under Sec. 209 Cr.P.C. on the ground that there is a prima-facie case against the sole accused for the offence under Sec. 5 of the ES Act.