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2003 Supreme(SC) 438

S.RAJENDRA BABU, G.P.MATHUR
Salim Akhtar @ Mota – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

G.P. Mathur, J.-This appeal has been preferred against the judgment and order dated 30.3.2001 of the Designated Judge (TADA) Meerut by which the appellant has been convicted under Section 5 of Terrorist and Disruptive Activities (Prevention) Act (for short "TADA") and has been sentenced to 5 years R.I. and a fine of Rs. 1,000/- and in default to undergo one month R.I.

2. The case of the prosecution, in brief, is that at about 7.45 p.m. on 26.1.1993, some miscreants hurled bombs at a police picket near Veterinary Hospital, Hapur Road, Meerut in which several security personnel received injuries and N.K. Mahender Prasad Sharma died. An FIR of the incident was lodged at 10.15 p.m. on the same night at P.S. Civil Lines, Meerut and a case was registered under Sections 147/148/307/302 IPC and Sections 4 and 5 of TADA. Some persons including Jabbar, Ayyub and the appellant Salim Akhtar @ Mota were arrested in connection with the aforesaid case and subsequently were taken on police remand. While in custody of the police, they made disclosure statements of having concealed some weapon, bomb and explosive material. Accordingly, in the morning of 24.3.1993, Inspector N.P. Rai of P.S. L













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