S.S.M.QUADRI, K.T.THOMAS, D.P.WADHWA
Suthenthiraraja @ Santhan, State Through Superintendent Of Police, Cbi – Appellant
Versus
State Through Dsp/cbi, Sit, Chennai, Shankar @ Koneswaran – Respondent
Order
D.P. Wadhwa, J.-There are two sets of review petitions. They are against judgment of this Court dated May 11, 1999 in Death Reference Case No. 1 of 1998 and Criminal Appeal Nos. 321-325 of 1998. One set has been filed by the convicts Nalini (A-1), Murughan (A-3), Santhan (A-2) and Arivu (A-18). Death sentence awarded to them by the Designated Court has been confirmed by this Court. Petitioners in their review petitions are not challenging their conviction. The review is only on question of sentence. There were, however, 26 accused who faced trial and they were all sentenced to death under the provisions of the Terrorist and Disruptive Activities Act (TADA) and Indian Penal Code (IPC) and also sentenced to varying terms of imprisonment on various other charges. Sentence of death awarded to them by the Designated Court was submitted to this Court for confirmation. The convicts also filed appeals against their conviction and sentence. After hearing elaborate arguments and examining the record, this Court passed the following order :-
“The conviction and sentence passed by the trial Court of the offences of Section 3(3), Section 3(4) and Section 5 of the TADA Act are set aside i
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