MAKHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 2.11.1996 passed by the Additional Sessions Judge, Khurai, District Sagar in ST. No.74 of 1994 whereby the appellant was convicted for offence punishable under Section 304-A of I.P.C and Sections 5 read with Section 9B(1)(a) of the Explosives Act and sentenced for 2 years rigorous imprisonment with fine of Rs.500/- and two years rigorous imprisonment respectively. In default of payment of fine, two months simple imprisonment was also awarded. Both the sentences to run concurrently.

(2.) THE prosecution's case in short is that on 14.3.1992 at about 8.00 p.m in the evening, a blast took place in the hotel of Ramswarup (PW1) and his son Dilip sustained injuries in that blast A panchayatnama lash Ex.P/5 was and ultimately expired. prepared and dead body was sent for post mortem. Dr. Rakesh Saxena (PW7) did the post mortem on the body of the deceased and gave his report Ex.P/11. He found that the deceased died due to shock and coma caused in the explosion. Ramswarup (PW1) father of the deceased, had stated before the Police that he required some suarmar bombs to protect his crops and therefore, he contacted Balram (PW3) who, informed him that such bombs were available with the appellant and therefore, the witness Ramswarup contacted the appellant. The appellant directed him to visit his field and he will affix such bombs in the field of Ramswarup to protect his crops. On the day of incident, Makhanlal provided four bombs in a blue bag to Pradeep Kumar, son of the witness Ramswarup, in the hotel who kept the bag in a safe place. The deceased was not aware of those bombs and therefore, an explosion took place in the hotel causing the death of the deceased. After due investigation a charge sheet was filed before the JMFC Khurai, who committed the case to the Sessions Court Sagar and ultimately it was transferred to the Additional Sessions Judge, Khurai.

(3.) I have heard learned counsel for the parties.