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1991 Supreme(SC) 6

K.JAYACHANDRA REDDY, S.R.PANDIAN
Erram Santosh Reddy – Appellant
Versus
State Of A. P. – Respondent


Advocates:
Alka Agrawal, G.Prabhakar, K.Madhava Reddy, MUKUL SHARMA, P.K.MANOHARAN, RAVINDER BHATT

JUDGMENT

This appeal is filed under S. 16 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (for short Tada) against the judgment of the Designated Court, Khammam. The appellants were found guilty under S. 307 read with S. 34 and sentenced to undergo rigorous imprisonment for a period of five years and under Ss. 3 and 3(2)(ii) of the Tada for a period of five years and also to pay a fine of Rs. 100/ - each for the above offence in default to undergo simple imprisonment for one month each. They were also convicted under S. 5 of the Explosive Substances Act and sentenced to three years imprisonment. A-1 is also convicted and sentenced to two years imprisonment for the offences under S. 25(1)(a) of the Indian-Arms Act. The prosecution case is as follows :.

2. These appellants along with another accused A-3 were tried for the above said offence. It is alleged that all these accused are the organising cadre of the CPI (ML) Group lead by Sri Kondappalli Seetharmaiah, creating terror in the people with the intention to overawe the Government established by law in the State of Andhra Pradesh by using fire-arms, bombs etc. and they were involved in number of cases. On 12-1-19








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