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[a] A1, A8, A9, A17 to death for the offence u/s.121 of IPC, to undergo imprisonment for life for the offences u/ss. 120B r/w.121A of IPC and u/s.124A of IPC, to undergo R.I. for three years for the offence u/s.153A of IPC and further sentencing A1 to undergo R.I. for 10 years for the offence u/s.304 Part II of IPC, R.I. for six months for the offence u/s.337 of IPC, R.I. for two years for the offence u/s.427 of IPC, R.I. for two years for the offence under Rule 5 of the Explosive Rules r/w. Section 9B of the Explosives Act and imprisonment for life and R.I. for ten years for the offences u/ss.3 and 5 of the Explosive Substances Act respectively and [b] A5, A6, A10, A13, A14, A16, A18 to undergo imprisonment for life for the offences u/ss.120B, r/w.121A IPC and 124-A of IPC and R.I. for three years for the offence u/s.153A of IPC.

11. The learned Magistrate thereafter committed the case of these accused to the Court of Sessions, which on receipt of the records, secured presence of the accused and thereafter initially framed charges for the offences under sections 124-A, 153-A, 304, 337, 427 read with section 120- B of IPC and under rule 5 of the Rules read with section 9B of the Explosives Act, read with section 120-B of IPC and also under section 3 of the Explosive Substances Act, read with section 120-B of IPC against the accused. Thereafter, during the trial, additional charges came to be framed for the offences under sections 121, 121-A of IPC to which the accused pleaded not guilty and claimed to be tried.

78. Without prejudice to the above contentions, Sri Pasha has also put forth an alternative submission to submit that the material on record accepting it at its face value, at the best, can constitute an offence as against A-1 alone, who was found driving the Maruti van in which explosive substances were carried and the explosive substances having accidently blown up because of rash and negligent driving and due to vibration and impact on the explosive substances during such driving, the circumstances may, at the best, reveal commission of offence punishable under Section 304A, 337, 427 IPC and under Section 5 of Explosive Substances Act, 1908 and Section 9B(1)(b) of the Explosives Act, 1884. It is submitted that assuming that for arguments' sake, without conceding that the prosecution has made good the commission of offence punishable under these provisions by A-1, the maximum punishment that can be imposed on him is 10 years RI under Section 5 of the Explosive Substances Act as it existed at the relevant point of time, though the section has been amended with effect from 1-2-2002 to provide for a maximum punishment up of imprisonment for life, that being not applicable to the case on hand, as the incident alleged being of the year 2000, A-1, on the basis of being found in possession and transportation of an explosive substance and also causing death of A-2 and 3 by careless and negligent driving can, at the best, be punished by imposing a maximum sentence of 10 years RI and with the A-1 having already been in prison for much more than this period from the date of his arrest and in such circumstance, having regard to this and the present physical condition of A-1, Sri Pasha submits that the punishment imposed or impossable under these provisions, particularly under Section 5 of the Explosive Substances Act, may be for the period of imprisonment already underwent by A-1, as A- 1 has been in prison after his arrest for more than 12 years as of now, he may be given set off for the period of imprisonment he underwent be sufficient as against such imposition of punishment and accordingly he may be released.