M SARVESHWAR RAO Vs. STATE OF A P

JUDGEMENT

(1.) Accused No. 1 in Sessions Case No. 147 of 1998 on the file of Metropolitan Sessions Judge, Hyderabad had preferred the present Criminal Appeal wherein, the Metropolitan Sessions Judge, Hyderabad by judgment dated 16-04-1999, found A-1 guilty for the offences punishable under Sections 4 and 5 of the Explosive Substances Act, 1908 (hereinafter referred to as 'the Act' for short) and found A-1 not guilty for the offence punishable under Section 25 (1B) of the Arms Act, 1959 and found A-2 and A-3 not guilty for the offence punishable under Section 25 (1B) of the Arms Act, 1959.

(2.) The case of the prosecution is that on 12-11-1997, the Inspector of Police, SIT, Hyderabad received credible information that A-1 was in possession of Bombs in his house bearing No. 8-4-370/402 at Rajnagar, Borabanda and he belongs to People's War Group (PWG). On that information, the Inspector of Police prepared search proceedings and raided the house of A-1 along with his team and panchas and during raid of the above said house, A-1 was found alone in possession of live explosives viz., 6 country made bombs, 7 gellitine sticks, 3 fuse wire bundles, 15 aluminium detonators, 35 bullets, 2 knives, one air pistol, some prohibited literature of PWG and some silver articles together with some mortgage and other papers. The above items were seized from the possession of A-1 duly effecting his arrest under the cover of a panchanamacum - confessional statement before the mediators, Goremiya and Rakesh.

(3.) It is also the case of the prosecution that at the instance of A-1 and on his confession, the police also raided the house of A-2 and A-3 at Indira Nagar, Jangaiah Basti, Borabonda and in the said house, A-2 and A-3 were found alone and A-2 was found in possession of one toy pistol and one knife and A-3 was found in possession of one knife and one toy pistol. The said weapons were seized from their possession after duly effecting their arrest under cover of seizure panchanama-cum-confessional statements of A-2 and A-3 before the same panchas. Hence, the version of the prosecution is that the accused committed offences punishable under Sections 4 and 5 of the Act aforesaid and Section 25(1B) of the Arms Act, 1959.