JUDGMENT

During the wee hours on 2.11.1989 a shuddering bomb explosion took place at J.J. colony in Shakurpur (Delhi) Three persons died in the explosion almost instantaneously and 19 others were injured, some of them very seriously. The impact of the explosion was such that four adjoining multi-storeyed houses collapsed. The investigating agency concluded that the explosion was the aftermath of stalking bombs in the house of the appellant which was done by himself in association with one of the victims (Babu Khan) and some others including the co-accused. They further found that there was a criminal conspiracy to manufacture explosive bombs to be used on an appropriate occasion.

2. The appellant Shamsher Khan was one of the four persons arraigned before a Designated Court constituted under Terrorists and Disruptive Activities (Prevention) Act 1987 ( TADA for short). They were charged for offences under Sections 304, 308 and 120-B of the Indian Penal Code besides Section 5 of the TADA and Section 4(b) of the Explosive Substances Act. Appellant alone was convicted of all the offences and the rest of the accused were acquitted by the trial Court. On the first count he was sentenced