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2004 Supreme(SC) 421

DORAISWAMY RAJU, ARIJIT PASAYAT
Madan Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Arijit Pasayat, J.-In this appeal under Section 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the TADA Act ) the appellants question their conviction for offences punishable under Section 302 read with Sections 149, 307 read with Sections 149, 352, 379 of Indian Penal Code, 1860 (in short the IPC ), Section 27 of the Arms Act, 1959 (in short the Arms Act ) and Section 3 (2)(i) of the TADA Act as done by the Sessions Judge, Jahanabad-cum-Special Judge, TADA.

2. Twenty persons faced trial for alleged commission of various offences punishable under IPC, TADA Act and Arms Act. Two of them (i.e. A-8 and A-9) died during trial. Two other accused persons were held to be juveniles within the meaning of Juvenile Justice Care Protection of Children Act, 2000 (in short the Juvenile Act ). It was held that they were entitled to the benefit under the said Act. Each of the convicted accused-appellants was given life imprisonment for the offences punishable under Section 302 read with Section 149 IPC and Section 3(2)(i) of the TADA Act in addition to 7 years and one year custodial sentence imposed for the offence relatable to Section 307 read with Sections







































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