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2024 Supreme(Online)(GAU) 163
HIGH COURT OF GAUHATI
MR. JUSTICE ROBIN PHUKAN, J
RAJU ALI – Appellant
Versus
THE STATE OF ASSAM – Respondent
Crl.A. / 76 / 2023
M K BORAH, PP, ASSAM
The prosecution must prove both unlawful causation of an explosion and suspicious possession of explosives to secure convictions under Sections 3(a) and 5(a) of the Explosive Substances Act.
Headnote:(A) Explosive Substances Act, 1908 - Sections 3(a) and 5(a) - Appeal against conviction - The appellant was convicted under Sections 3(a) and 5(a) for causing an explosion and possessing explosives under suspicious circumstances - The court found insufficient evidence to support the conviction under Section 3(a) but upheld the conviction under Section 5(a) due to established possession of explosives - Conviction under Section 3(a) quashed, while conviction under Section 5(a) affirmed. (Paras 4, 28-34)
Facts of the case:
The appellant sustained grievous injuries from an explosion in his home, where authorities found multiple explosive materials. The trial court convicted him based on possession and circumstances surrounding the incident. (Paras 2, 3)
Findings of Court:
The court determined that the prosecution failed to prove unlawful causation of the explosion but established suspicious possession of explosives, justifying the conviction under Section 5(a). (Paras 28-34)
Issues: The primary issues were whether the prosecution proved unlawful causation of the explosion under Section 3(a) and whether possession under Section 5(a) was established. (Paras 28-34)
Ratio Decidendi: The court ruled that the prosecution did not meet the burden of proof for Section 3(a) but did for Section 5(a), emphasizing the need for direct evidence of unlawful intent and possession. (Paras 28-34)
Result: The appeal is partly allowed; conviction under Section 3(a) quashed, conviction under Section 5(a) affirmed.
JUDGEMENT
2. In this appeal, under Section 374 of the Cr.P.C. the appellant, namely, Raju Ali has challenged the correctness or otherwise of the judgment and order dated 17.01.2023, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 41(S-S)/2017, arising out of Sivasagar P.S. Case No. 120/2014, under Sections 3/4/5 of the Explosive Substances Act, 1908 . It is to be noted here that vide impugned GAHC010038252023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./76/2023 RAJU ALI S/O LATE MAMTAZ ALI, R/O B.G. ROAD, STATION CHARIALI, P.S.- SIVASAGAR, DIST.- SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : M K BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN JUDGMENT 12.06.2024 Heard Mr. M.K. Borah, learned counsel for the appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent.
2. In this appeal, under Section 374 of the Cr.P.C. the appellant, namely, Raju Ali has challenged the correctness or otherwise of the judgment and order dated 17.01.2023, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 41(S-S)/2017, arising out of Sivasagar P.S. Case No. 120/2014, under Sections 3/4/5 of the Explosive Substances Act, 1908 . It is to be noted here that vide impugned judgment and order dated 17.01.2023, the learned Sessions Judge, Sivasagar had convicted the accused/appellant under Section 3(a) of the Explosive Substances Act, 1908 and sentenced him to suffer rigorous imprisonment for 10 years and further sentenced him to pay a fine of Rs. 1000/-, in default of payment of fine, to suffer simple imprisonment for 1 month. Also he was convicted under section 5(a) of the Explosive Substances Act, 1908 and also sentenced him to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs. 500/-, in default of payment of fine, to suffer simple imprisonment for 15 days.
3. The background facts, leading to filing of the present appeal, are adumbrated herein below:-
- “On 28-01-2014, at about 10-45 a.m. a blast was occurred on the stair of the 2nd floor of the house of one Md. Raju Ali, situated at B.G. Road, Station Chariali, wherein Raju Ali sustained grievous injuries on his persons. On receipt of the said information, the Officer-in-Charge (O.C.) of Sivasagar Police Station (P.S.) had recorded a General Diary Entry (GDE) No. 1140 dated 28.01.2014 and endorsed Sub-Inspector (S.I.) Jitendra Nath Das to take preliminary step. Then S.I. Jitendra Nath Das, along with staff had visited the place of occurrence. i.e. the house of Raju Ali and came to know that injured Raju Ali was immediately shifted to Hospital by his family members for treatment. Thereafter, he had conducted search in the house premises of Md. Raju Ali, and during search he had recovered 5 numbers of handmade suspected bomb, some splinters, 39 numbers of bolt, approximately 200 grams, white coloured powder suspected to be explosive, approximately 200 grams, yellow coloured power, suspected to be explosive, from a room of the house of injured Md Raju Ali, which were kept concealed in the room. He then seized the same by preparing seizure list (Ext.1), in presence of witnesses. He also found human flesh and one Motor Cycle in the place of occurrence and seized the same preparing seizure list (Ext.3). Then from the recovered suspected explosive, it was doubted that the bomb which went off, was made by the injured Md. Raju Ali himself and it is also presumed that Md. Raju Ali used to supply bombs to the extremist outfit. Thereafter, the bombs, so recovered from the house of Raju Ali were handed over to Army Bomb Expert so as to destroy the same, being dangerous to human life.
- Thereafter, S.I. Jitendra Nath Das had lodged one written complaint (Ext.7), with the O.C. of Sivasagar P.S. and endorsed S.I. Bokul Borah to investigate the same. The Investigating Officer (I.O.)
