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Showing contexts for: 9b explosive act in (By Shri. G.N. Arun vs No on 19 August, 2021Matching Fragments
1. This split up charge sheet is submitted by Deputy Superintendent of Police, counterfeit arms and narcotics division, CID, Bengaluru against accused No.29 for an offence punishable under sections 124A, 153A, 295, 436, 427 read with Section 120B of Indian Penal Code, (For short, IPC) and S.C. NO.1341/2016 Sections 3 and 4 of Explosive Substances Act, 1908 and Section 5 read with Section 9B of Explosives Act, 1884.
2. That on 10/7/2020 at 2.15 a.m., Charge Sheet Witness No.1 (CW) Fr. Thomiyar, Parish Priest, Saint Peter and Paul Church, Jagjivan Ram Nagar (JJ Nagar) has given a written complaint at Church to CW98 Hanumanthappa, Police Inspector, JJ Nagar Police Station, Bengaluru that he heard a loud noise at about 1015 PM of 9/7/2000 when he was at his residence, he came out and found that the rear side of the church wall and window panel (Glasses) were damaged extensively by bomb blast. That on the same day i.e. 10/07/2000 at 2.25 AM a case was registered against unknown under crime No.113/2000 for an offence punishable under section 3 of Explosive Substances Act, 1908 and under section 427 of IPC. CW98 conducted further investigation. CW365, V.S.D'Souza, Police Inspector, Commercial Street Traffic Zone, Shivajinagar, Bengaluru was authorised to investigate as per the order No.CRM/11/H & D City/2000, dated 13/07/2000 of D.G. & I.G.P., Karnataka S.C. NO.1341/2016 State, Bengaluru and he has conducted the further investigation and after the completion of Investigation he has filed this charge sheet.
6. My predecessor has furnished the copy of spilt up charge sheet to accused No. 29 and heard regarding the charge. My predecessor has framed charge against accused No.29 under Section 5 of Explosive Substances Act, 1908, Section 6 read with 5 of Explosive Substances Act, 1908 and Section 5 read with Section 9B of Explosives Act, 1884. Accused No.29 did not plead guilty and claimed for trial.
7. In order to prove the case, the prosecution has examined totally 41 witnesses as PW1 to PW41, marked 42 documents as Ex.P1 to Ex.P42 and identified 13 Material objects(MO) as M.O.1 to 13.
9. Heard the argument of Learned Public prosecutor and Counsel for accused No.29.
10. The following points arise for my consideration:
1) Whether the prosecution proves beyond reasonable doubt that from February 2000 to May 2000 accused No.29, Sheikh Amir Ali periodically sold explosive substances like Gelatin sticks and detonators to accused No.22, Gayasuddin and accused No.23, Riyasuddin and thereby accused No.29 has committed an offence under Sections 3 and 4 of Explosive Substances Act, 1908 and Section 5 read with Section 9B of Explosives Act, 1884?
2) What order?
11. My finding to above points is as under:
1) Point No.1. In the Negative
2) Point No.1. As per final order for the following S.C. NO.1341/2016 REASONS
12. Point No.1. This charge sheet against all the 29 accused is submitted alleging that all the 29 accused have committed an offence punishable under Sections 124A, 153A, 295, 436, 427 read with Section 120B of Indian Penal Code, (for short, IPC) and Sections 3 and 4 of Explosive Substances Act, 1908 and Section 5 read with Section 9B of Explosives Act, 1884.