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1995 Supreme(SC) 692

A.S.ANAND, M.K.MUKHERJEE
Pradeep Narayan Madgaonkar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, Avinash Rasal, D.M.Nargolkar, G.B.SETHI, Kishore Sutrale, M.Nargolkar, R.K.JAIN, S.M.JADHAV, Sidharth N.Kamble

JUDGMENT

Dr. ANAND, J.:—The appellants were convicted by the Designated Court for offences punishable under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as TADA) read with Section 3, and Section 25 of the Arms Act 1959 and sentenced to suffer rigorous imprisonment for five years each vide judgment dated 3-10-1994. They have questioned their conviction and sentence through these appeals under Section 19 of TADA.

2. We have heard learned counsel for the parties and perused record.

3. Shorn of details the prosecution case is that on 2nd January 1991, the then Assistant Commissioner of Police (Crime Branch) telephonically informed Shri Lembhe, Senior Inspector of Police that two incidents of indiscriminate firing had taken place at Lal Vitachi Chawl situated at Byculla and on Sane Guruji Marg. He was also informed that the gang of one Chota Rajan was suspected to be behind the two firing incidents. In response to the telephonic information P.W. 1 Inspector Deshmukh accompanied by P.W. 4 Inspector Deshpande P.W. 6 Inspector Gadre and PSI Chate left the zonal office of the DCB CID in a police jeep for combing operations. The hide out













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