BHOLA PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) BHOLA Parshad appellant was challaned under Sections 4 and 5 of the Explosive Substance Act, 1908 and was convicted by Shri Suresh Chand Jain, Additional Sessions Judge (I), Faridabad, vide his judgment dated 17.12.1984 and was sentenced to rigorous imprisonment for four years under Sections 4 and 5 each of the aforesaid Act. The sentences were ordered to run concurrently. Feeling aggrieved, he had filed this appeal.

(2.) THE prosecution case is that on 3.10.1982, Head Constable Raj Kishore, along with 2 Constables, was on patrol duty in the area of Baakhal Crossing, in the area of Police Station Central Faridabad. He heard a loud noise of bursting of a bomb like substance, coming from the side of Hindustan Tool Factory. HC Raj Kishore, along with his companions Police Constables, went towards the said site and saw Bhola Parshad appellant, coming out of the shed, situated in the said factory premises. Bhola Parshad was employed as a Chowkidar in the factory during those days. Bhola Parshad was having injuries and was bleeding. HC Raj Kishore, removed Bhola Parshad, appellant to B.K. Hospital, Faridabad and got him admitted there. Before taking Bhola Parshad to B.K. Hospital, HC Raj Kishore deputed two constables to remain at the spot.

(3.) AFTER recording the statement of Man Bahadur, SI Ram Parkash went to the hospital and requested the Medical Officer, Incharge, vide application Ex. PX, as to whether Bhola Parshad was in a fit condition to make a statement. The opinion of the doctor was that he was not fit. SI Ram Parkash went to Police Station and sent a wireless message to the Director, Forensic Science Laboratory, Madhuban. The Director reached the spot on 4.10.1982 and inspected the spot. One jute bag, pieces of newspaper, pieces of stones and bricks, rivets of iron, unused yellowish powder, on square empty card-board box and other articles which were lying there, were taken into possession. All these articles were put into different parcels. Blood lying on the ground was also scratched, sealed in a parcel and taken into possession. Residential quarters of the chowkidars were also inspected and a pair of Hawai Chappal smeared with blood was taken into possession from there. Pieces of broken asbestos-sheets, stone pieces, iron rivets lying there were also taken into possession from the roof of the shed of the factory. In all, 9 sealed parcels Ex. P1 to P9 were prepared. During all this recovery proceeding Om Parkash (PW 6) was present and he is a witness to all the memos. All these articles which were taken into possession by the Police, were sent to the Director, Forensic Science Laboratory, Madhubhan.