RAMKUNWAR BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT was charged for offence under sections 4 and 5 of the Explosive Substances Act, 1908. Sessions Judge, East Nimar, Khandwa by judgment dated 6.4.1987 passed in S.T. No. 48 of 1986 found the appellant guilty for offence under section 5 of the Explosive Substances Act and sentenced him to undergo RI for two years and fine of Rs. 300/ -, failing which to suffer further RI for six months. Appellant being aggrieved by the same has preferred this appeal.

(2.) PW 1 Shankar Singh has stated in his evidence that when the appellant was apprehended by the officer -incharge PW 2 Rakesh Mohan Shukla, she tried to throwaway the bag but the officer -incharge caught hold of her hand. On search it was found that the appellant has kept dynamite bomb, dynamite caps and dynamite cap lamps in the bag. Thereafter a seizure list was prepared (Ex.P -1) which was signed by him as also one Shyam Singh. PW 2 Rakesh Mohan Shukla has stated in his evidence that after recording the secret information in the Roznamcha he went alongwith the witnesses to the Bus stand and on enquiry from the appellant she disclosed her name to be Ramkunwar Bai. On questioning appellant stated that it is of no concern for this witness to know about the contents of the bag, but on further enquiry she tried to throwaway the bag but she was caught. According to this witness when she got the bag opened in presence of the witnesses, he found 10 pieces of dynamite bomb, 40 pieces of dynamite cap and 11 pieces of dynamite cap lamps in the bag which was seized and seizure memo was prepared which contains his signature as also that of the witnesses. This witness has further proved the report given by the Controller of Explosives in which it has been stated as follows : - -

(3.) THE bonafide uses of special gelatine, safety fuse and detonator are blasting in mine.