Hrishikesh Roy, J.

1. This appeal is presented against the judgment dated 3.82001 in Sessions Case No. 1/1989 rendered by the learned Sessions Judge, Shillong, whereby the appellant is convicted under Section 5 of the Explosive Substance Act, 1884 and sentenced to undergo R.I. of 3 years and a fine of Rs. 2000/-, in default, to further R.I. for 1 year. I have heard Mr. R Kataki, learned counsel appearing for the appellant and Mr. AC Buragohain, learned counsel appearing for the CBI.

2. The criminal process in this case was set in motion with the lodging of an FIR on 6.4.1981 with the Jorhat Police Station by one P.C. Borah, Special Assistant to the Commissioner, Upper Assam Division, where it was informed that when Shri ES Parthasarathy (IAS), Commissioner, Upper Assam Division entered his office and took his seat at about 10-30 a.m. an explosion occurred resulting in complete destruction of the chair and the Commissioner was thrown down on the floor with severe bleeding injuries. On the basis of the FIR, Jorhat PS Case No. 16(4)/1981 was registered and subsequently when the case was handed over to the CBI and a fresh case i.e. RC 3/1981 was registered by the Central agency u