JUDGMENT

Date : 04-05-2018 Both these appeals being against the common judgment and order dated

04.05.2017 passed by learned Sessions Judge, Silchar in Sessions Case No.31/2016, are taken together for hearing and disposal. By the said judgment, learned Sessions Judge convicted both the appellants under Section 5 of the Explosives Substance Act and Section 120 (B) IPC and sentenced them to RI for 10 years and fine of Rs.5,000/- with default stipulation under both the sections. Both the sentences were to run concurrently.

[2] An FIR was lodged by one Kumar, a Subedar of 11th Field Regiment stating that on 10.08.2009 at about 17.30 hours, one R.C. IED weighing 30 kg, 12 V92 AH Battery and a power convertor were recovered from the accused Moni Khan of village Lalpani. It was also stated in the FIR, that the arms /ammunitions/explosives recovered were already destroyed. On the basis of the said FIR, police registered a case being Lakhiur PS Case No.235/2009 under Section 120(B) IPC read with section 4/5 of the Explosives Substances Act and after the usual investigation, laid charge-sheet against both the appellants, who eventually stood trial before the Court of Sessions.

[3] Learned Sessio