Decided on August 01,2012

Arvind Bisht Respondents


Servesh Kumar Gupta, J. - (1.) THE government has preferred this appeal against the judgment and order dated 5.7.2003, rendered by learned Additional Sessions Judge/F.T.C., Tehri Garhwal in S.T. No. 33 of 2002, "State v. Arvind Bisht", whereby the accused/respondent was acquitted from the offences punishable under Section 304 (Part II) IPC r/w Sections 2/3 of the Explosive Substances Act, 1908 (hereinafter to be referred as the Act). Heard learned counsel for the parties and perused the entire material available on record.
(2.) THE facts of the case are that an FIR (Ex.A -6) was lodged at Police Outpost, New Tehri on 20.5.2002 at 12:10 PM by one Sadhu Naik, the Chik report whereof is Ex. A -21. As per the contents of the same, a heavy explosion occurred at about 10:15 AM on 20.5.2002 near the residence of one Ajay Pal Rana, who was an employee of the Forest Department. On hearing the uproar, the complainant rushed to the spot and found that there was a commotion among the children present there. He also noticed that two children, namely, Rohit and Pintu, aged about six and eight years respectively, had died on account of this explosion. The complainant also noticed a battery and a broken clock besides many pieces of wire at the spot, which were indicating that they were used in the explosion. It was also mentioned in the FIR that some children, namely, Arun, Somi and Km. Roma have also been seriously injured as a result of this explosion, who were sent for treatment at the government hospital. The matter was investigated by the police which resulted into the submission of a chargesheet against the accused Arvind Bisht under Sections 302/307 IPC r/w Section 2/3 of the Act.
(3.) THEREAFTER , the charge was framed against the accused under Section 304 (Part II) IPC instead of Sections 302/307 IPC, as also under Sections 2/3 of the Act. The accused pleaded not guilty and claimed to be tried.;

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