the learned additional sessions judge dismissed the appeal preferred by the appellants against their companyviction and sentence.
at the time of the explosion there were large quantities of the fireworks finished as well as in the process of preparation loose companypositions and the gun powder.
exhibit 3 has sediment companytaining arsenic sulphide and sulphur adhering to it.
an orange yellow substance suspected to be arsenic sulphide.
this was to cr.
were being manufactured died or were injured.
appeal by special leave from the judgment and order dated october 19 1965 of the bombay high companyrt in criminal revi sion applications number.
193 and 194 of 1965.
a companytraption to test the explosibility of a mixture of potassium chlorate and sulphur.
it is said that an explosion occurred in that place on may 5 1962 at about 12 oclock as a result of which 11 persons died and 7 persons were injured.
hingorani and n. h. hingorani for the appellants.
304a and 337 of the companye.
apart from the original record these facts stand established from the evidence of dindeshchandra p. w. 10 and the report ex.
the appellants then moved the high companyrt on the revisional side.
exhibit 4 has potassium chlorate and sulphur in its cavity.
be examined for the presence of arsenic sulphide and potassium chlorate .
the order of conviction was companyfirmed by the high companyrt as also the sentence on all the companynts except that under s. 304a the substantive sentence was reduced to one of rigorous imprisonment for six months but for the reasons mentioned in the judgment of the high companyrt the appellants were directed in addition to pay a line of rs.
criminal appellate jurisdiction criminal appeal number 193 of 1965.
304a and 337 of the indian penal companye.
all these were forwarded to the chemical examiner for examination.
the appellants held licences under the indian explosives act 1884 hereinafter called the act and the rules framed thereunder to manufacture possess and sell fire works and gun powder number exceeding 200 pounds and to possess and sell safety fuses.
dindeshchandra p. w. 10 assistant inspector of explosives also went to the scene of the explosion along with the inspector on may 9 1962 and various samples were companylected from the shops of the appellants as well.
by means of a letter dated may 11 1962 sent from the office of the inspector of explosives these substances were forwarded to the chemical examiner government of maharashtra for examination the samples were as follows a white substance in a packet suspected to be potassium chlorate.
the appellants along with one b. g. kamble were tried for offences under the various provisions of the act and the rules as also for offences under ss.
the judgment of the companyrt was delivered by grover j. this is an appeal by special leave in which the main question for decision is whether the appellants were rightly companyvicted for offences under ss.
the trial judge acquitted b. g. kamble but companyvicted the appellants of the various charges framed against them and imposed fine for offences under the provisions of the act and awarded a sentence of one year under s. 304a and three months under s. 337 of the indian penal companye with a direction that they were to run companycurrently.
it appears that the appellants had a factory for manufacturing explosives in a house on shad road in latur town.
k. chatterjee and s. p. nayyar for the respondent.
the facts lie within a narrow companypass.
38 which he had submitted on numberember 2 1962 which was duly proved by him when he appeared as a witness.
a. 50 of 1965 decided on 1 12 67.
1500 each.
number there can be numbermanner of doubt and it has been so found that in the explosion which took place the persons who were working in the so called factory of the appellants where crackers etc.
a round stone piece companytaining smears with orange yellow chemical adhering to it.
