MEHMOOD ALIAS PAGGAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Mehmood @ Paggal has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 26.08.1996 passed by the learned VIII th. Additional Sessions Judge, Jabalpur (M.P.), in Sessions Trial No.683/1993, whereby the appellant was convicted under Section 3/5 of Explosive Substance Act (in short "the Act") and awarded a punishment of rigorous imprisonment of five years and fine of Rs.5,000/ - (Five Thousand), in default of payment of fine, further to suffer one year's rigorous imprisonment.

(2.) THE prosecution case, in brief, is that on 13.12.1993 at about 9:30 a.m. the complainant Noorjaha Begam was in her house No.368/101, Nai Basti Gohalpur, Jabalpur, at that relevant time appellant/accused Mehmood @ Paggal came over there along with three co -accused Mohammad Safi, Abdul Malik and Anwar. Accused persons entered into the house of the complainant and started abusing her. The appellant was having one Suarmar bomb and Ustara (Barber's razor) in his hand and asked her what is her relation with Hyder Shiya. The appellant opened the Ustara and inflicted injury on left hand of the complainant. The appellant rushed towards her daughter Nazma and Mahjabeen and threw bomb on Nazma, but she managed to save herself and bomb blast near to her right feet so burn injuries and other injuries caused to her. Elder daughter rushed from the spot. Daughter Shamba was also standing there so she also got injuries. Accused persons abused the complainant and asked her to vacate the house and also threatened to death. The appellant warned that police cannot harm them. Incidence was witnessed by Nazir and other persons of the vicinity.

(3.) THE Learned Trial Court framed the charges against appellants and co -accused for commission of offence punishable under Section 3/5 of the Act. The accused persons abjured their guilt, pleaded false implication as they are innocent, therefore put to trial.