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1996 Supreme(SC) 1991

M.K.MUKHERJEE, S.P.KURDUKAR
Sharafat Hussain Abdul Rahaman Shaikh – Appellant
Versus
State Of Gujarat – Respondent


JUDGMENT

M.K. Mukherjee, J.-The four appellants along with eight others were tried by the Designated Court, Ahmedabad for offences punishable under Sections 120-B and 307 IPC, Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ( TADA for short) and Sections 4 and 6 of the Explosive Substances Act, 1908. The allegations against them were that they hatched a criminal conspiracy to let loose a reign of terror in the city of Ahmedabad by hurling bombs on the people of the Hindu community and that pursuant to the said conspiracy they hurled bombs near Sarangpur bus stand on January 29, 1993 as a result of which some members of the public sustained injuries. The trial ended in an order of conviction and sentence recorded against all the appellants under Sections 120B IPC and 3 and 5 of TADA, two of the appellants under Sections 307 IPC and 4 of the Explosive Substances Act and the other two appellants under Section 6 of the Explosive Substances Act and of acquittal of the other eight. Aggrieved by their convictions and sentences the appellants have filed this appeal under Section 19 of TADA.

2. To sustain the charges levelled against the appellants, the pr









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