SHRIKRISHNA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 14.7.2000 passed by IV Additional Sessions Judge, Bhind (M.P.) in ST No. 14/99, by which the appellant has been convicted under sections 4 of the Explosive Substances Act, 1908 and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 1,000/ - and under section 307 of IPC, sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 1,000/ - with default stipulation.

(2.) IN short, the story of the prosecution is that on 18.5.1990, Chottelal Ojha (PW 2) lodged the report at the Police Station Kotwali, Bhind that his younger brother Phool Singh (PW 3) and his mother were lying on the roof of his house, there is a Chabutara infront of his house, where appellant Shri Brahmana alongwith co -accused Raju Yadav were sitting and talking with each other. Appellant Shri Brahmana threw hand - grenade towards the roof of the complainant Chottelal Ojha (PW 2), which exploded suddenly. On hearing the noise, Phool Singh (PW 3) jumped off the roof to catch them. Appellant Shri Brahmana and co -accused Raju Yadav caught hold by him but they were escaped in his custody and ran away from the spot. Thereafter, the persons of the locality gathered there. The house of the appellant Shri Brahmana, is situated near the house of the complainant. Chottelal Ojha (PW 2) lodged the report at the police station. Initially, the case was filed before the Court of CJM, Bhind. Subsequently, the case was committed to the Court of Sessions on 16.1.1999. The sanction was obtained after nine years of the investigation of the case. Charges under sections 4/5 of the Explosive Substance Act and under sections 436/34 and 307/34 of IPC were framed against them. After conclusion of trial, the appellant/accused was convicted and sentenced by the trial Court as stated in above para one of this judgment.

(3.) CHOTTELAL Ojha (PW 2) deposed that the incident took place on 18.5.1990. He was sleeping on the roof of his house. At about 10 -11 in the night, appellant alongwith co -accused Raju Yadav were sitting on a Chabutara. Appellant Shrikrishna threw hand -grenade towards roof of his house and co -accused Raju was having a Katta in his hand. Due to thrown of hand -grenade, there was explosion and the articles of explosive substance were spread out suddenly. He informed the incident to Phool Singh (PW 3), Bachhu, Munnalal, Sewaram, Ochhi Bai. Thereafter, the persons of the locality came there. He lodged the report at the police station on the next day which is Ex. P -2. Police came to the spot and seized explosive articles. The seizure memo is Ex. P -4.