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1. Heard Mr. Jai Prakash Jha, learned senior counsel appearing on behalf of the appellants and Ms. Nehala Sharmin, learned Spl.P.P. for the State.

2. This appeal is directed against the judgment of conviction dated 21.01.1998 and order of sentence dated 24.01.1998 passed by 1st Additional District and Sessions Judge, Godda in Session Case No. 111 of 1996/Session Case No. 95 of 1996, whereby and whereunder, the appellants have been convicted for the offence punishable under Sections 3/5 of the Explosive Substances Act, 1908 and sentenced them to undergo imprisonment for life under Section 3 of the Explosive Substances Act, 1908 and RI for 14 years under Section 5 of the Explosive Substances Act, 1908.

4. On the basis of above stated facts, an FIR being Pathargama (Basantrai) P.S. Case No. 112 of 1991 under Sections 3/5 of the Explosive Substances Act, 1908 has been registered against the above said two accused persons who are the appellants herein.

5. After due investigation, charge-sheet against the accused persons has been filed under Sections 3/5 of the Explosive Substances Act, 1908.

6. The charges under Sections 399, 402 of IPC and Sections 3/5 of the Explosive Substances Act, 1908, have been read over to the accused-appellants to which they denied and claimed to be innocent.

17. As far as other witnesses are concerned, P.W. 9 is the I.O. and has only given application to Superintendent of Police for destruction of bombs and also for chemical examination of bombs. P.W. - 11 is also part I.O. in the present case who submitted charge-sheet. As far as, P.W. - 12 is concerned, he is also part I.O. of the present case before whom bombs were destroyed by Sergeant Major, Dumka.

P.W. - 13 is also a member of raiding team ASI Sashi Bhushan Marandi and has stated that on 24.05.1991, he was posted at Basantrai O.P. and Vishnu Rajak was O. P. In-charge at that very point of time. He has also stated that he was also the part of raiding team and visited Jagatpur village and found miscreants there who were making preparation of dacoity and Sk. Nasim and Sk. Amiruddin apprehended and on search, one country made loaded pistol and one black colour rexin bag from which four live bombs got recovered from Sk. Amiurddin. He has also stated that seizure list was prepared by Vishnu Rajak and same has been marked as Exhibit - 4. Confessional statement has also been marked as Exhibit - 5. Chemical examination of bombs by Forensic Science Laboratory, Bihar, Patna has also brought on record by this witness and it is marked as Exhibit - 6 2025:JHHC:13267-DB and test report of sergeant Major, Sadan Kumar, as Exhibit - 7. This witness has also stated that accused persons brought to police station at 07:30 A.M. in the morning. He has categorically stated in his testimony for the same incident, three FIRs have been registered, one under Sections 399 and 402 of IPC and other two under Arms Act and the Explosive Substances Act, 1908.

22. As, the evidence stated above qua the recovery of bombs is not consistent and cogent and even original seizure list is not available on record, we are of the considered view that prosecution has not able to establish beyond reasonable doubt that the live bombs have been got recovered from the respective possession of both the appellants.

23. As a result, we set aside the judgment of conviction dated 21.01.1998 and order of sentence dated 24.01.1998 passed by 1st Additional District and Sessions Judge, Godda in Session Case No. 111 of 1996/Session Case No. 95 of 1996, whereby and where under, the appellants have been convicted for the offence punishable under Sections 3/5 of the Explosive Substances Act, 1908 and sentenced them to undergo imprisonment for life under Section 3 of the Explosive Substances Act, 1908 and RI for 14 years under Section 5 of the Explosive Substances Act, 1908.