KEDAR Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by Kedar Nath and Lachhman Das against their conviction by Dr. L.D. Joshi, Special Judge, Meerut, under Secs.3 and 4(b), Explosive Substances Act, 6 of 1908. The learned Judge sentenced each of the appellants to ten years rigorous imprisonment under the former and, to seven years rigorous imprisonment under the latter section. The sentences were ordered to run concurrently.

(2.) On the promulgation of Ordinance 19 of 1943 numerous appeals against the decisions of Special Judges and Special Magistrates were filed in this Court and, as in most of the appeals the validity of the Ordinance was assailed, the hearing of the appeals was deferred till the decision of the question by a Pull Bench A Pall Bench of this Court recently held that the Ordinance was valid. The consideration of the present appeal must, therefore, be approached on the assumption that the trial of the appellants, which culminated in the sentences passed by the Special Judge, had been held in accordance with the Criminal P. C. (5 of 1898) by a Sessions Judge, and the only question that remains for consideration is whether the evidence justifies the conclusion arrived at by the learned Judge.

(3.) The appellants are the sons of one Babu Ram and they, along with their father and brothers, carry on business in the town of Hapur in the district of Meerut under the name and style of Babu Ram Kedar Nath and also under the name and style of Babu Ram Musaddi Lal. They have a shop in Hapur and there are some rooms on the upper storey of the shop. The incident that led to the prosecution of the appellants took place in the Kothi of L. Piyare Lal at Hapur on the morning of 19 October 1942, at about 6 A.M.L. Piyare Lal is apparently a respect, able resident of Hapur. He is an ex-Honorary Magistrate and is the Vice Chairman of Hapur Municipal Board. The evidence shows that, during the disturbances of 1942, the police had to fire at a mob in Hapur on 11 August and L. Piyare Lal was with the Government officials at the time of firing. This was resented by a certain section of people and they suspected that Piyare Lal had instigated the firing. On 10 October 1942, when L. Piyare Lal was not present at his Kothi, the main doors of his house were sprinkled with kerosene oil and set on fire. A report about this incident was lodged with the police. On the morning of 19 October, there was a bomb explosion in the gallery of his Kothi. Piyare Lal, who was sleeping close-by, woke tip and discovered that the Kothi was full of smoke. Ganga Sahai, a head-constable attached to a police outpost in Hapur, went to the Kothi of Piyare Lal on hearing the report of the bomb explosion and he collected the pieces of the exploded bomb. A report about the incident was forthwith made in the Hapur police station by Ganga Sahai and Sub-Inspector Kishore Chand Mehta (P.W. 8) immediately commenced investigation of the crime. The same day Kishore Chand conducted a search of the shop of the appellants and of the upper storey over the shop. One of the rooms in the upper storey was locked, and it appears from the statement of Kishore Chand that lock was opened by a key that was given by the appellants. A number of articles were recovered from the room and a search list was prepared. Some of the articles were sent to the Chemical Examiner and it appears from the Chemical Examiner's report that traces of arsenic sulphide, potassium chlorate, sulphur and potassium nitrate were found on some of the articles. The appellants were then prosecuted and were tried by the Special Judge in accordance with the provisions of Ordinance 2 of 1942, and, as already stated, were convicted under Secs.3 and 4 (b), Explosive Substances Act.