JUDGMENT

R.M. Lodha, J.- We are called upon to decide in this appeal the issue on reference by a two-Judge Bench, whether the matter requires to be remanded for a de novo trial in accordance with law or not?

2. The above question arises in this way. On 30.12.1997 at about 6.20 p.m. one Blueline Bus No. DL-1P-3088 carrying passengers on its route to Nangloi from Ajmeri Gate stopped at Rampura Bus Stand at Rohtak Road for passengers to disembark. The moment the bus stopped, an explosion took place inside the bus. The incident resulted in death of four persons and injury to twenty-four persons. The FIR of the incident was registered and investigation into the crime commenced. On completion of investigation, the police filed a charge-sheet against four accused persons – one of them being the present appellant, a national of Pakistan – for the commission of offences under Sections 302/307/120-B of Indian Penal Code (for short, ‘IPC’) and Sections 3 and 4 of the Explosive Substances Act, 1908 (for short, ‘ES Act’ ). The appellant and the other three accused were committed to the Court of Session by the concerned Magistrate. The three accused other than the appellant were discharged by th