RITLAL MANDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed Against the judgment of conviction and order of sentence dated 19.12.2002 passed by Md. Noman Ali, Additional District and Sessions Judge, 1st, Fast Track Court, Giridih in Sessions Trial No. 6/1992/T.R. No. 25/2002, by which judgment he found the Appellant guilty under Sections 4 and 5 of the Explosive Substance Act and sentenced him to undergo R.I. for 10 years under Section 4 of the Explosives Substance Act and further sentenced him to undergo R.I. for 7 years under Section 5 of the Explosive Substance Act. He directed both the sentences shall run concurrently.

(2.) IT is submitted by the learned Counsel for the Appellant that although the prosecution, which was started on the basis of self statement given by the informant, Ratanlal Sinha (P.W.10) stating therein that on 21.5.95 while he was posted at Hirodih Police Station and in the light of election who was checking the vehicles by putting 8 barrier on 21.5.91 and during the course of checking the Vikrant Bus No. BHN 6114 which was coming from Koderma, which was stopped and while checking from a bag which was in possession of the Appellant 9 pieces of dynamite was recovered. He disclosed his name as Ritlal Mandal (Appellant). On the basis of the said Fardbeyan the informant instituted a case and he himself took the investigation. Learned Counsel for the Appellant further submitted that the informant could not have investigated the case himself. Moreover, it will appear that subsequently the seized material, which was kept in Thana Malkhana and the same was never sent to Forensic Science Laboratory Test for verification as to whether they were dynamites or not? After 3 years on 20.8.1998 one glass phial of brown substance was sent, which has been proved as Ext. -5 to be some explosive material and as such the conviction of the Appellant in absence of any finding that the recovered material was dynamite, the conviction is bad in law and fit to be set aside.

(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of self statement given by the informant, Ratan Lal Sinha, who was the Investigating Officer, stating therein that on 21.5.91 during the checking of vehicles in front of Hirodih Police Station, a Vikrant Bus No. BHW 8114 was checked and from the possession of this Appellant, Ritlal Mandalin in his bag 9 pieces of dynamites were recovered. He prepared a seizure -list of the same which was signed by Driver and Khalasi of the Bus.