ABDUL RAUF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three appellants were charged by the learned 3rd Additional Sessions Judge, Aurangabad with commission of offences under Sections 3 and 4 of the Explosive Substances Act (hereinafter referred to as 'the Act') in Sessions Trial No. 42 of 1993 and by judgment of conviction dated 15.02.2002 they were held guilty of committing the offences. After being heard on sentence, each of the appellants was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 2,000/- eue to being convicted under Section 3 of the Act while they were individually to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 2,000/- each for being convicted under Section 4 of the Act. The order of sentence directed that in case of not paying up the fine of Rs. 2,000/-, each of the appellants should have suffered rigorous imprisonment for another period of six months. The order of suffering imprisonment in case of making default in payment of fine, appears passed only as part of the sentencing order in respect of conviction of the appellants under Section 4 of the Act. The appellants have chosen to challenge the impugned judgment of conviction and order of sentence through the present appeal.

(2.) Binda Yadav (P.W. 2) gave his Fardbeyan (Ext. 3) on 01.06.1990 at 3.30 P.M. stating that he had gone to graze his buffaloes and in that connection he was sitting at the saw mill and was gossiping with persons. He heard sound of explosion as also fumes bellowing out of the house of appellant Abdul Rauf and with others rushed to that place. P.W. 2 found that appellant Abdul Rauf was running out of his house and was attempting to enter into another, but he was caught by the informant and others while his son appellant Farook succeeded in making good his escape. The third appellant Jaituna Khatoon succeeded in entering a house.

(3.) On receipt of Ext. 3, the Officer-in-Charge of Aurangabad Town Police Station drew up the First Information Report (Ext. 4). The investigation was taken up by Sub-Inspector Md. Iliyas Ansari, who after concluding the same, sent up the three appellants for their trial.