IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No : 130 OF 2003 Between: Gudivaka Sivaram ..... PETITIONER AND The State of A.P. rep. by the Public prosecutor, High Court of AP Hyderabad. .....RESPONDENT(S) HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No : 130 OF 2003 JUDGMENT: Petitioner herein, who was arrayed as A-1 in Sessions Case No.31 of 2000, on the file of the Sessions Court, Krishna Division, at Avanigadda, was tried along with others for the offence punishable under Section 5 of the Explosive Substance Act, 1908 (fore brevity ‘the Act’). The learned Assistant Sessions Judge, after full-fledged trial, came to the conclusion that the petitioner and others were guilty of the offence for which they were tried and accordingly sentenced them to undergo rigorous imprisonment for three years and also to pay fine of Rs.2000/-, in default, to suffer simple imprisonment for three months. It was further observed that the remand period, if any, shall be given set off in that case only. Aggrieved by the same, the petitioner filed Crl.A.No.189 of 2001 and the other accused filed Crl.A.No.119 of 2001, on the file of the I Additional Sessions Judge, Krishna District at Machilipatnam, and the learned Additional Sessions Judge, vide his common judgment, dated 28- 11-2002, while allowing partly Crl.A.No.119 of 2001, dismissed the Crl.A.No.189 of 2001 i.e. filed by the petitioner herein. Questioning the judgment in Crl.A.No.189 of 2001, the petitioner filed this revision case. 2. The case of the prosecution, in brief, is that on 13-01-1998 at about 8.00 p.m. the Inspector of police, Avanigadda Circle, along with his staff, raided the house of A-1 for his apprehension in connection with a crime relating to Excise case in Crime No.5 of 1998 of Nagayalanka police station and at that time they noticed a bomb hidden in the house premises of A-1 and thereupon he immediately observed the same in the presence of mediators and came to a conclusion that it was a country made bomb which can cause explosion likely to endanger human life and property and that on enquiry, they came to know that A-1 and A-2 were staying in the house and they further found three more country made bombs concealed in a brown coloured zip bag in the bricks heap, and the Inspector of police seized them and a case in Crime No.8 of 1998 under Sections 3 and 5 of the Explosive Substance Act was registered and during the course of investigation, he arrested A-2 on 21-01-1998 in the presence of mediators, where A-1 confessed the participation of A-3 to A- 5 and with the connivance of A-1 prepared 15 country made bombs in his house for the purpose of himself to use against Garikipati Hari and his henchmen who were the rivals of A-1. He also arrested A-4 on 10-02- 1998, A-5 on 12-02-1998 and A-3 on 03-03-1998 in the presence of mediators and sent all material objects to the Forensic Science Laboratory for analysis and after receiving the opinion and obtaining sanction proceedings from the District Collector, Krishna District, he filed charge sheet against the accused. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 4. It may not be necessary for this Court to go into the facts of the case for the reason that the petitioner had already undergone the entire sentence. Even the petitioner was convicted and sentenced to life imprisonment in connection with another case, during the course of trial and also during the pendency of the appeal, the petitioner was in jail. As the sentence imposed by the Courts below is only three years for the offence punishable under Section 5 of the Act and the petitioner has already undergone the said sentence, this Court is of the view that no further orders are required to be passed in this revision. 5. With the above observation, the Criminal Revision case is dismissed. ___________________ 19th August 2010 kvr