ORDER

1. The appellants have filed present criminal appeal under section 374(2) of Code of Criminal Procedure (in short” Cr.P.C”) against the impugned order and judgment dated 22.9.1998 passed in ST no. 149/1998, wherby the both the appellants have been convicted under section 3 of the Explosive Substance Act read with section 34 of IPC and sentenced to undergo five years rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine, further undergo two months rigorous imprisonment.

2. Fact of the case in brief is that on 14.11.1997 at about 10-11 pm, both the appellants came to the house of the complainant Kamleshwar and started abusing him in filthy language. The complainant objected to do so. They told the complainant why his son lodged FTR against them, they would kill him. Thereafter, the complainant ran at his house and closed the door of the house. Thereafter, the appellant Om took out bomb from his pocket and threw it at the house of the complainant, which fell on the wall of the house, due to which, blast occurred. On the next day, the complainant lodged FIR at police station -Banganga, Indore, During investigation, the Investigating Officer seized some par