MD ANSAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Md. Ansar has been found guilty for an offence punishable under Section of the Explosive Substance Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo S.I. for six months, additionally with a further direction of set off with regard to the period having undergone during course of trial by the Additional Sessions Judge-IIIrd, Bhagalpur vide judgment of conviction dated 28.06.2016 and order of sentence dated 01.07.2016 relating to Sessions Trial No.311/2015 arising out of Kotwali (Tatarpur) P.S. Case no.343/2014, G.R. No.1923/2014.

(2.) Asi, Satyendra Narayan Singh (PW.2) recorded his self-statement on 05.06.2014 disclosing therein that while he along with Navin Kumar Singh (PW.1) and Gopal Poddar (PW.3) was in day patrolling and as soon as they reached near Nagarpalika, he was informed by an informer that the rickshaw which was going ahead of them was carrying bomb whereupon, they cordoned the rickshaw, found three cartoons kept thereupon. On search 200 bomb each weighing 100 gm (totaling 600 pieces) were found and for that, in the presence of Md. Hannan as well as Indu Devi seizure list was prepared. On interrogation, the rickshaw puller disclosed that the aforesaid article were kept by one person who was following but, they have not perceive any such person. Furthermore, the rickshaw puller also tried to mislead them when they questioned to show the place from where the aforesaid cartoons were loaded.

(3.) On the basis thereof, Kotwali (Tatarpur) P.S. Case No.343/2014 was registered followed with an investigation during course of which the I.O. (PW.4) got the sample examined at FSL, procured sanctioned order and then thereafter, after completing investigation submitted charge sheet followed with order of cognizance as well as trial, meeting with the ultimate result, subject matter of instant trial.