HIGH COURT OF BOMBAY (Aurangabad Bench)
Geetaram vs State Of Maharashtra
Criminal Appeal No 413 of 2002 On 18 March 2024
Hon'ble Judges: Abhay S. Waghwase
Case Type: Criminal Appeal
Final Decision:
Advocates: R. S. Shinde, S. M. Ganachari
Citations:
2024 0 CJ(Bom) 261
ACTS REFERRED:
Indian Penal Code, 1860, Section 429
Indian Penal Code, 1860, Section 379II
Indian Penal Code, 1860, Section 379
Indian Penal Code, 1860, Section 304
Explosive Substances Act, 1908, Section 5
Explosive Substances Act, 1908, Section 4
Explosive Substances Act, 1908, Section 3
(A) Indian Penal Code, 1860, Section 304, Section 379, Section 429, Section 379II - Punishment for culpable homicide not amounting to murder - Punishment for theft - Mischief by killing or maiming cattle, etc. of any value or any animal of the value of fifty rupees(B) Explosive Substances Act, 1908, Section 3, Section 4, Section 5 - Punishment for causing explosion likely to endanger life or property - Punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property - Punishment for making or possessing explosives under suspicious circumstances font-size: 16px;" >
Judgment and order of conviction dated 102002 passed in Sessions Case No.
23 of 2000 for offences punishable under Sections 3, 4 and 5 of the Explosive
Substances Act, 1908, sentencing the appellant herein to suffer suffer rigorous
imprisonment of 7 years, 4 years, 2 years and to pay fine, respectively, is
questioned by filing instant appeal.
FACTS
IN BRIEF LEADING TO TRIAL ARE AS UNDER
Accused was a scrap dealer.
Judgement Text
1.
Judgment and order of conviction dated 18.07.2002 passed in Sessions Case No.
23 of 2000 for offences punishable under Sections 3, 4 and 5 of the Explosive
Substances Act, 1908, sentencing the appellant herein to suffer suffer rigorous
imprisonment of 7 years, 4 years, 2 years and to pay fine, respectively, is
questioned by filing instant appeal.
FACTS
IN BRIEF LEADING TO TRIAL ARE AS UNDER
2.
Accused was a scrap dealer. On 27.10.1999, accused Geetaram, who had committed
theft of ammunition, had engaged services of deceased Nana and Ramdas i.e. to
extract metal. He visited their places and took them to his own house.
According to prosecution, he handed over bomb to them for segregating metal.
While handling the same, there was an explosion of said ammunition resulting
into instant death of Nana and Ramdas along with some live stock. Therefore, on
report by son of deceased Nana i.e. PW1 Navnath, crime was registered, duly
investigated and on being chargesheeted, charge Exhibit 4 was explained to the
accused. On his denial of charge, he was made to fact trial.
3.
At trial, prosecution adduced evidence of in all 15 witnesses and relied on
documentary evidence like FIR, panchanamas, postmortem reports, certificate
Exhibit 53 etc.
Learned
First Ad-hoc Additional Sessions Judge, Ahmednagar, who conducted
