VIRENDRA KUMAR SRIVASTAVA, J.

1. This appeal has been preferred against judgment and order dated 3.9.2003, passed by Addl. District and Sessions Judge, Fast Track Court No. 3, Kanpur Nagar in Session Trial No. 100 of 2003 (State of U.P. Vs. Qamar Alam), under Section 4/5 Explosive Substances Act, arising out of Case Crime No. 89 of 2000, P.S.- Chamanganj, Distt.- Kanpur Nagar whereby the accused appellant- Qamar Alam (hereinafter referred as appellant) has been convicted under Section 5 of Explosive Substances Act and has been sentenced for rigorous punishment of two years and fine of Rs. 1000/- and in case of default in payment of fine with an additional period of simple imprisonment of two months.

2. The brief facts relevant for disposal of this appeal are that on 23.8.2000 S.O. of P.S.- Chamanganj, S.I. Rajesh Kumar Tiwari (P.W.-2) with S.I.-Anil Kumar (P.W.-1), Const.- Virendra Singh, Const.- Ravindra Kumar Tiwari, Const.-Chhote Singh Yadav was on patrolling duty to maintain law and order and in the search of wanted criminals. When they reached Mohalla-Humayun Bagh in the area of Dalelpurawa, S.I.-K.N. Tripathi and Const. Jawahar Singh, who were also on patrolling duty,