RAMCHANDAR SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 5 of the Indian Explosives Act (Act IV of 1884) as also under Section 5 of the Explosive Substances Act (Act VI of 1908) and sentenced to rigorous imprisonment for a period of one year on each of the two counts, and the sentences are to run concurrently. There was another accused, Brahamdeo Singh who was charged under Section 5 of the Indian Explosives Act, but he has since been acquitted of the charge.

(2.) AT about 4.30 p.m. on 14.6.1958, A.N. Misra (P. W. 14) the officer in charge of Mandu police station along with constable Hussain Ahmad (P. W. 5) was out from the police station for checking gambling which was reported to be going on in the Maidan near -north -east of a colliery belt. On the way, Hazrat Ansari (P. W. 4) and Perdorit (P. W. 12) joined the Sub -Inspector at his request. The appellant and Brahamadeo were seen picking up something from ground near a bush. Appellant Ramchandar had a bag in his hand.

(3.) LATER , the Sub -Inspector arranged for an examination of the explosives, and in due course, they were examined by the Explosive Inspector Shri V.A. Chandra Shekharan (P. W. 9) on 22.8.1958, and he submitted his report, exhibit 4, after having had one of the cartridges examined by the Assistant Chemical Examiner to the Government of India, whose report also (exhibit 9) he submitted along with his own report. It was found that the articles in question had contained explosive substances. On the recommendation of P. W. 9, the explosives were destroyed after their examination. After completion of the investigation the appellant and Brahamdeo were both charge sheeted with the sanction of the Government (exhibit 2). They were committed to the court of Sessions after enquiry by a magistrate.