JUDGMENT Lort-Williams, J. - In this case four persons were charged under secs. 3, 4 (a) and 4 (b) of Act VI of 1908 and secs. 324 and 324/114 of the Indian Penal Code. They were tried by a Special Magistrate, exercising powers under sec. 24 of Act XII of 1932, and convicted and sentenced as follows: Bholanath and Mohan Lal under secs. 3 and 4 (a) of Act VI of 1908, to rigorous imprisonment for 5 years under each section, the sentences to run concurrently. Bholanath was also sentenced under sec. 324 to 6 months' rigorous imprisonment and Mohan Lal also to 6 months' rigorous imprisonment under sec. 324/114, the sentences to run concurrently. Abani was sentenced under each of the secs. 4 (o.) and 4 (b) to six years' rigorous imprisonment, the sentences to run concurrently. They were charged under those sections with conspiring to cause, by bombs containing nails, broken pieces of glass, etc. and also chlorate of potassium and sulphide of arsenic, explosions at Howrah, of a nature likely to endanger life or cause serious injury to property. Bholanath and Mohan Lal pleaded guilty. Abani and Sukumar pleaded not guilty. They also pleaded not guilty to the charge under sec. 3 of Act VI of 1908 for causing explosions. Bholanath was charged with voluntarily causing hurt to Dalmir Khan by means of an explosive substance, namely, a bomb, and he pleaded not guilty to that charge. Mohan Lal pleaded not guilty to a charge of abetting the commission of the offence of causing voluntarily hurt to Dalmir Khan. Abani pleaded not guilty to the charge of possession and control of live live bombs. 2. The case for the prosecution was that at Sibpur police station on the 6th May, 1934, at a time when a number of people were at work in the station, and Dulmir Khan was on duty at one of the doors, and another constable at another door, a bomb was thrown against a wall of the police station above the head of the sentry Dalmir Khan and a terrible explosion took place, as a result of which Dalmir Khan sustained injuries to his right ear, right side of his face and left hand. As a result of the injury, it appears from the medical evidence, that he will never recover his full power of hearing.
As a result of the injury, it appears from the medical evidence, that he will never recover his full power of hearing. This explosion was followed by another against another wall of the station, and there were two other explosions in quick succession, and soon afterwards, a fifth on the Grand Trunk Road ad-joining the police station. Two men were seen running away and here subsequently caught and found to be Bholanath and Mohan Lal. They were bleeding from injuries. Subsequently, the house and shop of Mohan Lal and the house of Abani and three tanks were searched and a number of explosive articles and bombs were found. [His Lordship proceeded to deal with the evidence, reaching the conclusion that the accused had been rightly convicted, and continued as follows.] 3. In view of the serious character of the acts which these persons committed, we were of opinion that if possible, the sentences ought to be enhanced. It appears, however, that the learned Special Magistrate may pass any sentence except a sentence of death or of transportation or imprisonment for a term exceeding seven years, and our only powers in connection with trials under this Act (Act XII of 1932) are contained in secs. 3 and 5 of Act XXIV of 1932. In these circumstances and in view of the fact that the sentences inflicted by the Special Magistrate were almost up to the maximum which he has power to inflict under sec. 27, all that we can do is to dismiss the appeal. Abani Kumar Jack, J. I agree.