Abhai Kumar - (1.) - This appeal has been preferred by the appellant from jail against the judgement and conviction dated 29.3.2014 passed by Additional Sessions Judge, Court No. 3 Fatehpur in Sessions Trial No. 424 of 2013 (State v. Nitin Gupta) arising out of case crime no. 172 of 2013 under section 4/5 Explosive Substances Act P.S. Bindki district Fatehpur whereby the appellant was convicted for 5 years rigorous imprisonment along-with fine of Rs. 5,000/- in case of none payment of fine, to further undergo 3 months additional imprisonment and the period already undergone to be adjusted. The facts of the case on brief are as under : As per the prosecution story on 24.5.1913 S.I. Atar Singh, Constable Ramakant Mishra, Constable Gulab Singh were busy in keeping peace and administration in the area then on the basis of an information received from an informer the appellant was apprehended. Although independent witnesses were tried to be taken but nobody was ready to give the evidence. The appellant was arrested 50 steps away from the Petrol Pump in the evening at 4.00 p.m. and he disclosed his name as Nitin Gupta. On being searched from the bag in the right hand 8 crude bombs were recovered. The bombs were get deactivated on the spot. The appellant was taken into custody. The recovery memo is being prepared. The recovered article is also being seized/sealed. On the basis of the recovery memo FIR is also being got lodged in the police station Bindki, district Fatehpur on 24.5.2013 at about 5.35 p.m. under section 4/5 of the Explosive Substances Act, 1908, ( in short the Act). The investigation was handed over to P.W. 4 Shivkant Dwivedi, who got the report from the Forensic Science Laboratory, Agra and after finding sufficient evidence against the appellant submitted the charge sheet under section 4/5 of the Act.
(2.) The charge under section 4/5 of the Act is being made against the appellant on 7.10.2013 from which the appellant denied and claimed to be tried.
(3.) During trial P.W. 1, Atar Singh was produced, who was the witness of the recovery, then P.W. 2 Constable Gulab Singh, was produced, who was also the witness of the recovery and accompanying S.I. Atar Singh at the time of the incident. P.W. 3 Constable Ramakant Mishra is also witness of the recovery. The P.W. 4 Shivakant Dwivedi is the Investigating Officer of the case, who initiated the investigation. Later on, the investigation was done by the S.I. Chhedi Lal and the charge sheet was also submitted by the S.I. Chhedi Lal. As S.I. Chhedi Lal was superannuated at the time of the statement of P.W. 4, he has proved the charge sheet filed by the S.I. Chhedi Lal. Constable Jabir Ali is being produced as P.W. 5, who scribed the cheek FIR and also got the entries made in the General Diary and have proved all these papers.;