Anant Singh, J.

1. The appellant has been convicted under Sec. 5 of the Indian Explosives Act (Act IV of 1884) as also under Sec. 5 of the Ex-plqisive Substances Act (Act VI of 1908) and sentenced to rigorous imprisonment for a period of one year on each of the two counts, and the sentences are to run concurrently. There was another accused, Brahamdeo Singh who was charged under Sec. 5 of the Indian Explosives Act, but he has since been acquitted of the charge.

2. At about 4,30 p.m. on 14-6-1958, A. N. Misra (P. W. 14) the officer in charge of Mandu police station along with constable Hussain Ahmad (P. W. 5) was out from the police station for checking gambling which was reported to be going on in the Maidan near-north-east of a colliery belt. On the way, Hazrat Ansari (P. W. 4) and Perdorit (P. W. 12) joined the Sub-Inspector at his request. The appellant and Brahamadeo were seen picking up something from ground near a bush. Appellant Ramchandar had a bag in his hand.

They were at some distance from the Sub-Inspector when he challenged them. They both made a bid for run, but they were chased and errested. Debi Satan (P. W. 11), Sansar chamar (P. W. 13 tendered) and another