JUDGEMENT Anjana Prakash, J. 1. The Appellants have been convicted under Section 3/4 of the Explosive Substance Act and sentenced to R.I. for 3 years by the First Additional Sessions Judge, Darbhanga in ST. No. 23 of 1984 by a judgment dated, 28th July, 1994. 2. The case of the prosecution is that on 13th July, 1982 at about 1 P.M. the Informant suddenly heard a bomb explosion from the house of one Ram Prit Mahto and when he went there he saw smoke coming and four persons were injured including the Appellants, who were suspected to have been involved in manufacturing bombs. 3. During trial the prosecution has examined 14 witnesses. Out of whom, PW. 13 and PW. 14 are formal. PW. 7 is tendered and PW. 8, PW. 9 and PW. 10 have been declared hostile. PW. 11 is the Informant, whereas the PW. 1, PW. 2, PW. 3, PW. 4, PW. 5 and PW. 6 are the material witnesses. 4. On going through the evidence of the material witnesses, the only evidence that has transpired is that the Appellants had been seen injured at the place of occurrence. None of the witnesses stated that the Appellants had been seen manufacturing the bombs or were in possession of the same. Admittedly, Ram Prit Mahto, in whose house bombs were manufactured, has not been examined during trial. 5. In view of complete paucity of any evidence on record, which would prove the fact that the Appellants have indulged in manufacturing or were in possession of explosive substance, I am inclined to acquit the Appellants. 6. In the result, both the appeals are allowed and the order of conviction and sentence passed against the Appellants on 28th July, 1994 by the First Additional Sessions Judge, Darbhanga in ST. No. 23 of 1984 is set aside. The Appellants are discharged from the liabilities of their bail bonds.