Explosives case: One gets 4 years RI
HERALD REPORTER
PANJIM, MAY 25
Holding one guilty under the Explosive Substance Act, the City Fast Track Court on Tuesday sentenced a man from Hubli with rigorous imprisonment for four years and imposed fine of Rs 10000 and in default to under go further imprisonment for six months.
However, Additional Session Judge – I, Panjim discharged the accused Sikandar Axamani of Alawar, Hubli of the charge under section 286 of the Indian Penal Code for lack of evidence.
Two charges were levelled against him – one under Explosive Act and the other under IPC. He was held guilty under Section 5 of Explosives Act.
The Court pointed out that there was no evidence on record to show rashness or negligence on the part of the accused especially when evidence has come on record that the explosion took place after the Devamma, the land lady prepared the tea.
As per the case of the prosecution, the accused who resided at Naga Manzil in Ponda negligently handled explosives in the rented room of one Devamma Bidar, while preparing the hard powder to kill wild animals. However, explosives exploded due to heat at lighted stove and the accused also sustained burn injuries endangering his life and the life of Ms Devamma as well.
The prosecution examined seventeen witnesses in support of the case however the accused while pleading not guilty told the Court that on January 24, 2006 he fell in the pit and got burn injuries.
He was arrested on January 26, 2006 and released on bail on March 23, 2006.
As per the police reports, the explosion took place on January 25, 2006.
The Section 5 of Explosive Substance Act, states that if accused is found guilty of handling any explosive substance, he may face imprisonment upto ten years and also shall be liable to fine.
In this case the court took lenient view on the ground that accused himself suffered grievous injuries at the time of the explosion. The accused will have to undergo imprisonment for the term (four years) ordered by the court except the period he was in custody.
