PHULLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions Judge, harda, District Hoshangabad in S. T. No. 108/94 decided on 8. 2. 95.

(2.) APPELLANT has been convicted under Section 5 of explosive Substances Act, 1908 (hereinafter referred to as `act') and sentenced to rigorous imprisonment for two years with fine of rs. 1,000/-, in default further rigorous imprisonment for four months, by the impugned judgment.

(3.) ACCORDING to prosecution, on 24. 12. 93, appellant Phullu had placed few country made bombs in the fields of village Sirkamba for killing wild animals. However, the cow of complainant Ramesh consumed one country made bomb kept in the field, got injured and died subsequently. The matter was reported at Police station Rahatgaon by complainant Ramesh Gujjar, on the basis of which an offence bearing Crime No. 96/93 was registered against the appellant and was investigated. Deceased cow was sent for postmortem examination. During investigation, two country made bombs were recovered from the appellant's field at Sirkamba on 1. 1. 94, on the basis of information given by him and recorded under section 27 of the Evidence Act. The seized country made bombs were defused and its remains were sent for forensic examination. As per report of the FSL, presence of explosive substance was found in the seized handmade bombs. After due investigation and obtaining sanction for prosecution from the District Magistrate, appellant was prosecuted under Section 286, 429 of IPC and Section 3/5 of the Act, and was put to trial.