MOKRO GAGRAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Mokro Gagrai was put on trial to face charge under Section 5 of the Explosive Substances Act on an accusation that he knowingly keep explosive substance (bomb) under this control not for a lawful object. Learned Sessions Judge having found the appellant guilty convicted him under Section 5 of the Explosive Substances Act and consequently sentenced him to undergo RI for a period of two and half years.

(2.) THE case of they prosecution is that on 3.8.1990 the informant, Oman Kangari, PW 3 while was on patrolling duty along with other police personnel, namely, Anil Kumar Mawar (PW 2), Radhey Shyam Singh (PW 4), S.D. Upadhya, B.B. Singh, Havildar Mahabir Minj and Havildar Ganeshi Harijan, apprehended one Naresh Kashea @ Chengna @ Bihari on the road near Deogaon school and on his disclosure, a raid was laid in the house of this appellant at village Banmalipur in presence of two independent witnesses, namely, Bishwa Kachchap and Raju Saw and recovered a country made live bomb kept concealed under heap of straw and seized it under seizure -list (Ext. 2). On being questioned, the appellant informed to the raiding party that the said bomb had been given to him by Naresh Kashera, so that it may be used in course of the commission of some offence.

(3.) DURING investigation the bomb recovered from the possession of the appellant, was sent for its examination before Forensic Science Laboratory, Ranchi. After examination, the report was submitted by the Director, Regional Forensic Science Laboratory, Ranchi, giving an opinion that the sample sent for examination, contains the ingredients of home made bomb. The Investigating Officer also procured sanction order (Ext. 1) from the competent authority for prosecution the appellant and other under Sections 3 and 5 of the Explosive Substance Act.