Punishment for causing explosion likely to
endanger life or property.- Any person who
unlawfully and maliciously causes by-
(a) any explosive substance an explosion ... account of explosion caused death of
Haffizuddin and also caused injuries to the wife of deceased by
use of the explosive substance i.e. bomb
Indian Penal Code and 4/5
of Explosive Substance Act whereby and whereunder prayer for
bail of the appellants, namely, Chetlal Prasad & Ranjan Kumar ... explosion itself, hence, the offence
which has been said to have committed by the appellants under
Sections 4 and 5 of the Explosive Substance
substance unless, the said explosive itself can cause the
explosion, then it will come under the fold of explosive
substance, therefore, the ingredients of Section ... ANFO), slurry explosive, emulsion
explosive etc."
This Court, thus, is of the view that material which
has been recovered, is explosive substance
registered for the offence under
Sections 4 and 5 of the Explosive Substance Act, has been rejected.
2. Learned counsel for the appellant has submitted ... explosion itself,
hence, the offence which has been said to have committed by the appellant
under Sections 4 and 5 of the Explosive Substance
Indian Penal Code and Section 3 / 4 of the Explosive Substance
Act and directed to undergo rigorous imprisonment for life for the
commission of offence ... Indian
Penal Code and Section 3 / 4 of the Explosive Substance Act before
the learned Chief Judicial Magistrate, Deoghar. Thereafter, the
case was committed
Indian Penal Code and under
Sections 3 and 4 of the Explosive Substance Act and
sentenced to undergo rigorous imprisonment for life ... under Section 3 and ten years under Section
4 of the Explosive Substance Act. All the sentences were
directed to run concurrently.
2. This Court
Indian Penal Code and 4/5
of Explosive Substance Act has been rejected.
3. Learned Counsel appearing for the appellant has
submitted that omnibus ... Submission has been made that detonator cannot be said to be
explosive substance in independent capacity and taking the
same into consideration, this Court
registered under Sections 3 , 4
and 5 of the Explosive Substance Act pending in the court of learned
Chief Judicial Magistrate, Koderma, whereby and whereunder ... electric detonators can only construed to be the explosive
and not the explosive substance.
4. This Court has heard the learned counsel for the appellant
Sections 414 of the Indian Penal Code and 4/5 of Explosive
Substance Act whereby and whereunder prayer for bail of the
appellant, namely, Sharuddin ... allegation can
be said to be available attracting the ingredient of explosive
substance.
3. Such submission has been made on the basis of
judgment rendered
Arms Act ; under Section 3 / 4 of
the Explosive Substance Act and under Section 17 of the
Criminal Law Amendment Act; and sentenced ... three years; for the offence under section 3
of Explosive Substance Act RI for life with fine of Rs. 2000,
non-payment of fine
