MANOJ SINKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court. This appeal is directed against the judgment of conviction and order of sentence dated 22.11.2007, passed by learned 2nd Additional District & Sessions Judge, Singhbum West at Chaibasa, in Sessions Trial Case No. 224 of 2006, Trial No. 69/07, convicting the appellant under sections 4, 5 & 6 of the Explosive Substance Act and sentencing him to undergo R.I. for the period already served in jail.

(2.) The prosecution case in brief is that on 26th January, 2006 ( Republic Day), when the police party was on law & order duty, they found that one man was coming on a motorcycle without registration number. It was tried tobe stopped. The motorcycle was speed up but it was stopped by force. The rider disclosed his name as Manoj Sinku ( the appellant), who disclosed that he was technician in Gua Company. On search, in presence of two seizure witnesses-Sona Ram Swami and Dua Swami (not examined), it was found that in the bag hanging on the handle of the motorcycle, huge quantity of explosives was found, but no paper for that was produced. The appellant disclosed that explosive substance was given to him by Biru Das (since deceased) who instructed him to handover the same to Hurdu Chakia.

(3.) Mr. Khatri, learned counsel for the appellant, submitted that the said seizure list witnesses have not been examined in this case, nor F.S..L. report has been produced and therefore the prosecution has not proved recovery of explosive substance from the possession of the appellant. He further submitted that all the witnesses are police personnels and there is no independent witness.