JUDGMENT

Sabina J. - Vide this order above mentioned appeals would be disposed of.

2. Prosecution story was set in motion on the basis of the statement of complainant Ashok Sharma. Complainant stated in his statement that on 22.5.1996 he was working as a Conductor on Roadways Bus No. RJ-07-P-1038 Bikaner Depot and they started at 11.00 a.m., from Agra for Bikaner. Bus was being driven by Ramji Lal. There were 49/50 passengers in the bus who had boarded from Agra. Two passengers had taken tickets from Agra to Jaipur. However, the said passengers got down at Mahwa and handed over the tickets to the complainant by stating that he could use the same for the welfare of some poor persons. The said persons were aged about 27/28 years. He did not know whether the said persons were having any luggage with them or not. Both the said persons spoke in Hindi. Two constables and a lady constable were sitting on the back seat of the bus. Complainant went towards them for issuance of tickets. When the bus had covered about 3- 4 kilometers from Mahwa towards Dausa, there was a loud blast in the bus near Samleti village. The roof, windows and doors of the bus were blown away and the passengers suffered injuries. Luggage of the passengers was scattered here and there. On account of loud blast, he had become hard of hearing. He had suffered injuries on his right hand and leg. The incident had occurred due to heavy explosive substance/bomb. Many passengers died in the incident and others suffered injuries. The explosion had been done with a view to cause loss of life and property.

3. On the basis of the statement of the complainant, formal FIR No. 148 dated 22.5.1996 was registered at Police Station Mahwa, District Dausa under Section 302, 307, 120B Indian Penal Code, 1860 and Section 4/5 of the Explosives Act, 1984 (hereinafter referred to as 'the Act') and Section 3 of the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as 'PDPP Act').

4. After completion of investigation and necessary formalities challans were presented in stages against accused Dr. Abdul Hameed, Rayees Beg, Javed Khan @ Javed Junior, Latif Ahmed Baja, Mohd. Ali Bhatt @ Mehamood Keeley, Mirja Nisar Hussain @ Naja, Abdul Goni @ Asadulla @ Nooruddin @ Naka @ Umer @ Majeed Khan @ Raja, Farukh Ahmed Khan @ Swarup Baba @ Anwar, Riyaz Ahmed Sheikh @ Maulvi, Chandra Prakash Agrawal.

5. So far as accused Kulvindrajeet Singh @ Happy is concerned, he was discharged vide order dated 15.2.2003 after taking cognizance against him. Accused Riyaz Ahmed Sheikh @ Maulvi died on 24.8.1999 and proceedings against him were dropped. Proceedings were dropped against accused Chandra Prakash vide order dated 9.1.2014.

6. Charges were framed against the accused under Section 302, 307, 120B IPC, Section 4/3 of the PDPP Act and Section 4/5 of the Act. Accused did not plead guilty and claimed trial.

7. In order to prove its case, prosecution examined 99 witnesses. Accused when examined under Section 313 Code of Criminal Procedure, 1973, after the close of prosecution evidence, prayed that they were innocent and were falsely involved in this case.

8. Accused Abdul Hameed appeared in the witness box as D.W.1.

9. Trial court vide judgment dated 29.9.2014 ordered the acquittal of accused Farukh Ahmed Khan. Vide impugned judgment accused Dr. Abdul Hameed was convicted qua offence punishable under Section 302, 307, 120B IPC, Section 4 of PDPP Act and Section 4/5 of the Act. Accused Rayees Beg was convicted qua the offence punishable under Section 302 read with Section 120B, Section 307 read with Section 120B IPC and Section 4 of PDPP Act read with Section 120B IPC. The other accused Javed Khan @ Javed Junior, Latif Ahmed Baja, Mohd. Ali Bhatt @ Mehmood Kile, Miraj Nisar Hussain @ Naja, Abdul Goni @ Asadulla @ Nooruddin @ Naka @ Umer @ Majeed Khan @ Raja, Farukh Ahmed Khan @ Swarup Baba @ Anwar were convicted qua the offence punishable under Section 302 read with Section 120B, 307 read with Sec