OM Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have filed present criminal appeal under sec. 374(2) of Code of Criminal Procedure (in short" Cr.P.C") against the impugned order and judgment dtd. 22/09/1998 passed in ST no. 149/1998, wherby the both the appellants have been convicted under sec. 3 of the Explosive Substance Act read with dsec. 34 of IPC and sentenced to undergo five years rigorous imprisonment with fine of Rs.500.00 and in default of payment of fine, further undergo two months rigorous imprisonment.

(2.) Fact of the case in brief is that on 14/11/1997 at about 10-11 pm, both the appellants came to the house of the complainant Kamleshwar and started abusing him in filthy language. The complainant objected to do so. They told the complainant why his son lodged FTR against them, they would kill him. Thereafter, the complainant ran at his house and closed the door of the house. Thereafter, the appellant Om took out bomb from his pocket and threw it at the house of the complainant, which fell on the wall of the house, due to which, blast occurred. On the next day, the complainant lodged FIR at police station -Banganga, Indore, During investigation, the Investigating Officer seized some parts of the explosive substance from the spot. Spot map was also prepared by him vide Ex.-P/2 and after sanction of District Magistrate, Indore, charge-sheet was filed before the trial court. The trial Court framed the charges under sec. 294, 506(part-II) of IPC and sec. 3 and 4 of the Explosive Substances Act against both the appellants/accued. The appellants abjured their guilt and took a plea that they are innocent. They were not present on the spot at the time of the incident. They were implicated in the said offence due to previous enmity. The prosecution examined as many as eight witneness to prove their case, however, no witness had been examined by the defence.

(3.) The trial Court, after due consideration of the evidence available on record, acquitted the appellants/accused from the charges under Sec. 294, 506(part-II) of IPC, but convicted them under sec. 3 of the Explosive Substances Act readwith sec. 34 of IPC and sentenced to undergo five years R.I with fine of Rs.500.00 each with default stipulation.