IMPORTANT POINT
Though appellants shall stand acquitted under Section 321(b) Cr. P.C. 1973 of all the charges framed against them under the TADA Act but their conviction and sentence under Sections 302/34 IPC, 307/34 IPC and also under Section 4 of the Prevention of Damage to Property Act, 1984 are maintained.

Headnote:(i) TADA, 1987-Section 3(1)(2)(i) -Indian Penal Code, 1860-Sections 302/34 and 307/34-Prevention of Property Damage Act, 1984-Section 4-Appellants tried under TADA as well as for other offences punishable under IPC-Application moved under Section 321 Cr.P.C. for withdrawal from prosecution as against the offences charged under TADA-Designated Judge refused-Whether appellants can challenge the same? (Yes)-Whether learned Judge should have accepted the application? (Yes)-Result-Acquittal from TADA charges. (Para 6)
       Held : We are of the view that the learned Designated Judge should have accepted the application for withdrawal from prosecution as against the offences charged against the appellants under the TADA Act. Therefore, we allow that application and the appellants shall stand acquitted under Section 321(b) of Cr.P.C. of all the charges framed against them under the TADA Act. (Para 12)
       (ii) Indian Penal Code, 1860-Section 302/34 and 307/34-TADA Act, 1987-Section 15-Prevention of Property Damage Act, 1984-Section 4-Charge of murder and other allied offences against appellants-Proved by evidence of eye witnesses, circumstantial evidence and confession under Section 15 of TADA Act-Appeal to Supreme Court-Confession under Section 15 TADA Act found non-voluntary as officer who recorded the statements had not followed guidelines-Result-Confession is inadmissible in evidence (Paras 14 to 18)-Identification of appellants by eye witnesses-Whether there is any defect? (No) (Paras 19 to 21)-Circumstantial evidence of injuries found on body of Appellant Abdul Jabbar and post mortem report of deceased confirming bomb explosion on police post by Appellants (Paras 22 & 23)-Result-Appellants rightly convicted under Section 302/34, 307/34 IPC and under Section 4 of Prevention of Damage to Property Act, 1984.
       Held : Learned Special Judge considered all items of evidence and came to the conclusion that the two appellants have committed offences punishable under Section 302 read Section 34 IPC. It is proved beyond reasonable doubt that the appellants came to the police picket and hurled bombs at police personnel present there and thereby caused the death of N.K. Mahender Prasad Sharma and also caused injuries to others. The appellants have been rightly convicted under Section 302 read Section 34 IPC and Section 307 read with Section 34 IPC. Their conviction and sentences under Section 4 of the Prevention of Damage to Property Act, 1984 is also confirmed. The prayer of the respondent-State of U.P. to withdraw from prosecution as regards charges under Section 3(1)(2)(i) is granted and as directed earlier in this judgment the appellants are acquitted of the charges framed against them under the provisions of the TADA Act. As regards the conviction and sentences awarded to the appellant on various other counts under the Indian Penal Code and Prevention of Damage to Property Act, we see no reason to interfere therewith. The conviction and sentence of the appellants under Section 302 read with Section 34 and Section 307 read with Section 34 IPC as also under Section 4 of the Prevention of Damage to Property Act, 1984 are maintained. Consequently, these appeals shall stand partly allowed. (Para 24)

JUDGMENT

K.G. Balakrishnan, J.-The appellants in these two appeals were found guilty by the Designated Judge (TADA), Meerut, for the offences punishable under Sections 3(1)(2)(i) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter called as the TADA Act ) and also for offences punishable under Section 302 and Section 307 read with Section 34 of Indian Penal Code. The appellants were sentenced to undergo imprisonment for life and a fine of Rs. 5,000/- u/s 3(1)(2)(i) of TADA and in default of payment of fine to undergo imprisonment for a period of one year. The appellants were sentenced to imprisonment for life and a fine of Rs. 5000/- and in default to undergo imprisonment for one year under Section 302 read with Section 34 I.P.C. The appellants were also sentenced to rigorous imprisonment of five years and a fine of Rs. 3,000/- under Section 307 read with Section 34 IPC and in default of payment of fine to undergo imprisonment for six months. The appellants were further found guilty and sentenced to imprisonment for a period of two years for the offences under Section 4 of the Prevention of Damages to Property Act, 1984.

2. The prosecution case against the two appellants was that on 26-1-1993 at about 7.45 p.m., the appellants came running to the police picket at Hapur Road, near Veterinary Hospital, Meerut and hurled bombs at the security personnel. A PAC company including the informant Platoon Commander, Ramvir Singh (PW1), Head Constable Rohitash Singh & N.K. Mahender Prasad Sharma, Constable Pramod Kumar, Constable Desh Raj Singh (PW 2), Constable Atar Singh, Constable Rambir Singh, Constable Sarvesh Singh (PW3) and Constable Sanjiv Kumar were posted at the said picket near the Veterinary Hospital, Meerut. The bombs hurled by the appellants exploded and Constable Pramod Kumar and three others sustained injuries. Constable Pramod Kumar and N.K. Mahender Prasad Sharma fired shots from their firearms, but the two appellants managed to escape from the scene. Government vehicles parked nearby were also damaged and the incident created a terror in the vicinity.

3. The Platoon Commander Ramvir Singh (PW 1) took the injured to the hospital. Later, he gave a report before the Police Station, Civil Lines, Meerut. The F.I. Statement was recorded at 10.15 p.m. on 26-1-1993 whereafter Inspector Ranvir Pratap Singh, Incharge of the Police Station (PW 38), took over the investigation. Injured N.K. Mahender Prasad Sharma died at the hospital and an inquest report was prepared by Sri B.R. Arya (PW 41). WP 4 Dr. Ramender Singh conducted the post-mortem examination. The Investigating Officer prepared the site plan of the place of occurrence. A dog was found lying dead on the spot. The remnants of exploded bombs were collected by the Investigating Officer. On 28.1.1993, PW 16, the Station Officer of P.S. Lisari Gate, Meerut received secret information that the accused who was involved in the bomb blast at the PAC picket on 26.1.1993 was staying with one Ameer Hamza in Mohalla Kidwai Nagar. PW 16 Station Officer along with other police personnel raided the house of Ameer Hamza and found the accused Abdul Jabbar lying on a cot with multiple injuries and one doctor by name Dr. Mohd. Imran was found treating him for the injuries. Appellant Abdul Jabbar was brought to the Police Station and this information was passed on to PW 15 Superintendent of Police (City), Meerut, and he was informed that appellant Abdul Jabbar was prepared to give a confession statement. Superintendent of Police (City), Meerut recorded the confession of the appellant Abdul Jabbar on 29.1.1993 and he was produced before the then Designated Judge. Meanwhile, the other Appellant Ayyub surrendered before the Court on 1.3.1993 and expressed his willingness to make a confession statement. He was produced before PW 15 Superintendent of Police (City), Meerut. The Identification parade was held on 10.3.1993 and some of the witnesses identified both the appe

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2002 Supreme(SC) 289

Cases Referred (7)