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Showing contexts for: 9b explosive act in State vs . Ashwani Verma on 21 April, 2022Matching Fragments
FIR u/s 9B Explosives Act, 1884 & 286/336 IPC was lodged by the IO SI Rajesh Dangwal and further investigation was marked to SI Sandeep. IO SI Sandeep prepared the site plan, seized the case property and collected the evidence. Thereafter, IO SI Sandeep, arrested the accused Ashwani Verma and released the accused on police bail. IO deposited the case property in FIR no. 381/10 PS Jagatpuri State vs. Ashwani Verma Page no. 2 of 17 malkhana and after completion of investigation, IO filed the charge sheet against the accused for the offence punishable u/s 9B Explosives Act, 1884 & 286/336 IPC.
3. Accused was produced before the court on 17.10.2011 and copy of charge-sheet was supplied to him as per Sec. 207 Cr.P.C. Further, accused was charged for the offence u/s 286/336 IPC & s. 9B Explosives Act on 02.08.2014 by the Ld. Predecessor of this Court to which he pleaded not guilty and claimed trial.
PROSECUTION'S EVIDENCE:
4. In order to prove its case, prosecution has examined following witnesses :
4.1 PW-1 HC Ravinder deposed that 04.11.2020, he was working as duty officer between 04.00 pm to 12.00 mid night. On that day at about 06.15 pm, Ct. Anoop Kumar handed over to him a rukka sent by IO SI Rajesh Dangwal. He lodged the FIR Ex. PW1/1(OSR) and he proved the rukka Ex. PW1/B. 4.2 PW-2 Ct. Som Pal deposed that on 04.11.2010, he was posted at PS Anand Vihar. On that day he alongwith Ct. Anoop, driver Ct. Kanwar Pal and SI Rajesh Dangwal were doing patrolling duty and they were present on the road of Som Bazar.
10. On the other hand, it was argued by the Ld. APP for the prosecution that prosecution has established the guilt of the accused beyond reasonable doubt especially through the evidence of the PW-2 Ct. Sompal, PW-3 Inspector Rajesh and PW-4 Inspector Sandeep. Ld. APP has further argued that the prosecution has been able to establish that the accused has committed the offence of possession of explosives without any license punishable under section 9B Explosives Act, 1884 and has dealt with the said explosives substances rashly and negligently endangering human life and therefore committed offences punishable under section 286/336 IPC.
11. It was argued by Ld. APP for the State that possession of the fire crackers has been admitted by the accused during the defence evidence and accused has failed to take necessary precautions which is required to be taken for explosives. Finally, it was argued by Ld. APP that the prosecution witnesses have collectively proved the case of the prosecution beyond reasonable doubt and the accused is liable to be convicted for the offence punishable under 9B Explosives Act and Section 286/336 IPC.