RAJU ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Borah, learned counsel for the appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent.

(2.) In this appeal, under Sec. 374 of the Cr.P.C. the appellant, namely, Raju Ali has challenged the correctness or otherwise of the judgment and order dtd. 17/1/2023, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 41(S-S)/2017, arising out of Sivasagar P.S. Case No. 120/2014, under Ss. 3/4/5 of the Explosive Substances Act, 1908. It is to be noted here that vide impugned judgment and order dtd. 17/1/2023, the learned Sessions Judge, Sivasagar had convicted the accused/appellant under Sec. 3(a) of the Explosive Substances Act, 1908 and sentenced him to suffer rigorous imprisonment for 10 years and further sentenced him to pay a fine of Rs.1000.00, in default of payment of fine, to suffer simple imprisonment for 1 month. Also he was convicted under Sec. 5(a) of the Explosive Substances Act, 1908 and also sentenced him to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs.500.00, in default of payment of fine, to suffer simple imprisonment for 15 days.

(3.) The background facts, leading to filing of the present appeal, are adumbrated herein below:-