GULAMKADAR ABDULRAHEMAN MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, seeking to assail the judgment and order of the learned Additional Sessions Judge, Vadodara(for short, 'the trial Court'), Dated : 12.01.1996, rendered in Sessions Case No.62 of 1995, whereby, the trial Court convicted the original accused No.1 for the offence punishable under Section 9(B) of the Explosives Act, 1884, and was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/ - and in default to under go further rigorous imprisonment for three months, however, it acquitted the original accused Nos. 2 to 19.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant, who was discharging duties as PSI at that point of time, received an information on 22.04.1993 that the original accused No.1 is going to pass through Chhani area of Vadodara city along with explosives. The complainant, then, carried out the necessary procedure, i.e. he informed his seniors and other police officials, called the panchas and then went to Chhani, in a private vehicle, along with them. Then, at about 05:15 p.m., the accused No.1, as per the information, was found to be passing through there with a green bag in his hand and on examining the same, the explosives were found, therein. Hence, accused No.1 came to be arrested. During the course of investigation, names of the accused Nos. 2 to 19 were revealed and on finding sufficient evidence against them, a charge -sheet was filed against them. At the time of trial, since, the accused did not plead guilty and claimed to be tried, the case was committed for trial.

(3.) AT the time of trial, to bring home the charges leveled against the accused, the prosecution examined the following witnesses; PROSECUTION WITNESS NUMBER NAME OF THE WITNESS EXHIBIT NO. 1 Jitendra Hiralal Luhar 37 2 Ramabhai Bhulabhai Parmar 38 3 Vaghabhai Bhudarbhai Parmar 39 4 Mohanbhai Dhulabhai Parmar 40 5 Manharbhai Hiralal Bhavsar 41 6 Piyush Kaniyalal Patel 42 7 Rajeshkumar Ishwarbhai Mistri 43 8 Ramanlal Babubhai Mistri 44 9 Tushar Jagdishbhai Shah 45 10 Bharatbhai Jivanbhai 46 11 Chandrashekhar Prabhakarrao 47 12 Dhirubhai Damjibhai 49 13 Rajubhai Ravishankar 50 14 Ramanbhai Dahyabhai 51 15 Sureshbhai Kashibhai 52 16 Kanubhai Nanubhai 53 17 Gulamnabi Amirmiyan Malek 54 18 Rameshbhai Dalsukhbhai 55 19 Navindchandra Yashwantrao Soni 56 20 Sanjay Shantilal Patel 57 21 Harivadanbhai Kaniyalal Patel 58 22 Kaushikbhai Jesingbhai 60 23 Jashubhai Jayantilal 61 24 Megharam Dariyanumal 62 25 Hemant Dhirumal 59 26 Narayan Hasandas 63 27 I.C. Raj 65 28 K.A. Patil 68 29 A.F. Sindhi 70 30 J.D. Ramgadhiya