LAWS(TLNG)-2019-2-59

V BALAIAH Vs. STATE OF A P

Decided On February 07, 2019
V Balaiah Appellant
V/S
STATE OF A P Respondents

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) of Cr.P.C., is filed by the appellant/accused, challenging the judgment, dated 11.11.2009, passed in S.C.No.419 of 2008 by the IV Additional Metropolitan Sessions Judge, Hyderabad, whereby, the Court below convicted the appellant/accused for the offence punishable under Section 5 of the Explosive Substances Act, 1908, and sentenced him to undergo Rigorous Imprisonment for two (02) years and to pay fine of Rs.2,000/-, and in default, to undergo simple imprisonment for three month.

(2.) Heard the learned counsel for the appellant/accused, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

(3.) The learned counsel for the appellant/accused would contend that the findings of the Court below are contrary to the law and the facts of the case. No panch witnesses were examined in this case. No sanction was accorded by the Collector and District Magistrate concerned to prosecute the appellant/accused for the offence under Section 5 of the Explosive Substances Act, 1908, as required under Section 7 of the Explosive Substances Act, 1908. All the witnesses examined in this case were police personnel and no independent witnesses were examined. The prosecution miserably failed to prove the guilt of the appellant/accused beyond reasonable doubt. The Court below erroneously convicted and sentenced the appellant/accused as aforementioned and ultimately prayed to allow the appeal by setting aside the conviction and sentence imposed by the Court below against the appellant/accused.