A.S. Bains, J. - (1.) BHARAT Singh Appellant was convicted and sentenced under Section 5 of the Explosive Substances Act, to undergo rigorous imprisonment for four years by the learned Sessions Judge, Rohtak. He has challenged his conviction and sentence.
(2.) THE prosecution case as unfolded by Raghbir Singh, A.S.I., P.W. 5 is as under: Raghbir Singh, A.S.I., S.H.O. Police Station Meham, accompanied by some police officials Basti Ram, Head Constable and others, Ram Phal, P.W. 3 and Maha Singh, P.W. 4 went to the village of the Appellant. When they reached near the house of the Appellant in village Bhaini Surjan, a person was seen coming out of the house of Bharat Singh Appellant who was intercepted and he gave his name as Bharta, son of Sundu. The Appellant was apprehended and was interrogated by Raghbir Singh, A.S.I. He made the disclosure statement which is Ex. PD that he had kept concealed one Dabba containing hand grenades near the beams in the wall of the Northern -Eastern Kotha of his residential house and could get the same recovered. A statement was recorded which was attested by Ram Phal, P.W. 3 and Maha Singh, P.W. 4 The Appellant then led the police party to the place of concealment and got recovered three hand grenades and three fuses which were taken into possession, - -vide Memo Ex. PE. A case was registered against the Appellant at Police Station, Meham. The incriminating material was sent to the Deputy Controller of Explosives, North Circle, Agra and on a report it was found that these were hand grenades. The Appellant was prosecuted and convicted as aforesaid.
(3.) THE Appellant was examined under Section 313 of the Code of Criminal Procedure and denied his complicity in the crime and pleaded innocence. However, he also produced seven witnesses in defence.;