ABDUL RAHIM Vs. KING

JUDGEMENT

(1.) The appellant, Abdul Rahim, has been convicted under Section 6, Explosive Substances Act (VI [6] of 1908) and sentenced to rigorous imprisonment for five years by the learned Additional Sessions Judge of Monghyr. The appeal was originally preferred on behalf of three persons, Abdul Rahim, Noor Mohammad and Jainul. The appeal was dismissed as against the two latter persons, but admitted only so far as Abdul Rahim was concerned.

(2.) The short facts are these. On 2-6-1947, at about 10.30 P. M. a constable named Lakahmi Singh heard the sound of an explosion from the house of one Qudrat Mian in muhalla Kunjrapati Sadar Bazar of Jamalpur town. The sound which the constable heard appeared to him to be the sound of the explosion of a bomb. The constable informed the officer in charge of the Jamalpur police station. This officer took a police force and, accompanied by the Divisional Inspector and a Magistrate, went to the house In question which consisted of several rooms was occupied by members of many families belonging to different communities. In one of the rooms which was occupied by the present appellant and his brother Noor Mohammad, were found some blood-stained clothes and blood-stained cotton. There were also marks of blood on the floor of the room. Noor Mohammad had some stains of blood on the clothes which he wore. In another room occupied by two other persons, were found two bottles containing explosive powder. Jainul, one of the persons who was arrested as an inmate of the house, had injuries on his person. Next morning one Chamru Mian was found in the room occupied by Noor Mohammad and his brother. Chamru Mian had multiple injuries on his person, injuries caused by the splinters of an exploded bomb. Chamru Mian made a statement, which was recorded by a Magistrate. The two bottles containing powder were subsequently examined by the chemical analyst who found that the powder was explosive powder.

(3.) On the above facts 19 persons, mostly in-mates of the house, were put upon trial, The learned Sessions Judge acquitted 16 holding that there was no case against them under any of the three sections mentioned in the charge against them, namely, Sections 4, 5 and 6, Explosive Substances Act, With regard to three of the accused persons, namely, Noor Mohammad, Jainul and Abdul Rahim, the learned Sessions Judge found that they were guilty under Section 6, Explosive Substances Act.