SITA RAM RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 28-9-1995 passed by Shri A.K. Ojha, 5th AddI. District & Sessions Judge, Dhanbad in S.T. No. 238/83 through which he convicted and sentenced the appellant to undergo R.I. for five years under section 5 of the Explosive Substances Act and further he was also convicted and sentenced to undergo R.I. for two years and it was further ordered that both the sentences will run concurrently:

(2.) The prosecution case in short is that on 13-4-1981 at about 9.30 p.m. the informant B. Kumar, A.S.I. of C.I.S.F. was on patrolling duty with two C.I.S.F. Constables, namely, R.S. Adhikari and J.P. Yadav then the informant detected this very appellant coming on a cycle and something was kept in the basket of the cycle. It has been alleged that the informant became suspicious and then asked the appellant to stop and a search was made in the basket and 7 detonators and 7 dynamites were recovered and the appellant confessed that he was colliery worker and was carrying these detonators and dynamites only for fishing purpose in the tank. As the possession was illegal and unlawful so the informant seized the explosive substance but the appellant on the plea of attending the call of nature escaped away. The informant submitted written report on 14-4- 1981 to the police on that basis this case was instituted and production-cum-seizure list was prepared and seized articles were sent to the expert of explosive and after obtaining the sanction of the District Magistrate charge sheet was submitted under section 5 of the Explosive Substances Act and also under sections 379/411 of the IPC.

(3.) After commitment the trial was taking up and the appellant denied the entire allegation of recovery of explosive substance and simply claimed himself innocent. The trial court believed the prosecution story and convicted and sentenced the appellant in the manner indicated above. Being aggrieved and dissatisfied with this order of conviction this appeal has been preferred.