IMPORTANT POINT
The provisions in Rule 15 of the Terrorist and Disruptive Activities (Prevention) Rules relating to the procedure to be followed for sending the confessional statement to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate for being transmitted to the concerned designated court is not mandatory but directory.

ORDER

G.T. Nanavati, J. - This appeal under Section 19 of the Terrorist and Disruptive Activities. (Prevention) Act, 1987, hereinafter, referred to as, TADA, is directed against the judgment dated 10th January 1994 passed by the Designated Judge (Sessions Judge), Pilibhit in Special Case No. 17 of 1992. By the impugned judgment the appellants, have been convicted under Section 120B of the Indian Penal Code and also under Sections 3 and 4 of TADA. For the offence under Section 120B IPC, a sentence of life imprisonment has been passed against each of the accused and sentence of life imprisonment has also been passed against each of the accused under Section 3 of TADA. For the offence under Section 4 of TADA, each of the accused has been sentenced to suffer five years rigorous imprisonment and also a fine of Rs. 1,000/-, in default, one years rigorous, imprisonment. The said special case No. 17/92 was instituted against the appellants after obtaining necessary sanction from the competent authority in respect of an incident which had taken place on 17-4-1990 at 10 P.M.

2. The prosecution ease in short is that PW 1; Kashmir Singh, his son Balkar and other members of the family were sitting in their house and the three accused together with Balwinder Singh, since deceased, came there and after accusing, Kashmir Singh and members of the family, the accused opened fire hitting Kashmir Singh on his leg. Balkar Singh the son of Kashmir Singh and other members of the family present there also spanned fire and the said son chased the accused upto 100-150 years by flashing torch. But the said Balkar Singh was hit by the bullet fired by Balwinder Singh which caused his death. Later on, Balwinder Singh also died in an, encounter with police and the remaining three accused were prosecuted before, the Designated Court.

3. According to the prosecution case, all the three accused made confessional statement before the Superintendent of, Police and such confession statements are Exhibits 26, 27 and 28. The Superintendent of Police deposed as PW 8 and he specifically stated that the accused made voluntary statements; they were given time to reflect before making such voluntary statements and it was ensured by him when there was no other person present when such confessional statements were made. The accused, persons, were also warned by the Superintendent of Police that the confessional statements would be used against them and they must be convicted for such confessional statements.

4. P.W. 1 Kashmir Singh, who himself was injured in the incident, stated in his deposition that out of the three persons who came with arms to his house he knew Balwinder Singh, since, deceased, and one of the appellants Bassan Singh. The said persons accompanied by another came to his house and threatened him by saying that they would kill him and the members of the family. It was stated by the said Kashmir Singh that the said person became angry with Kashmir Singh and the members of his family because of the recovery of arms and ammunition by the police on the basis of the statement made by the said Kashmir Singh on the previous occasion. He has also stated that when the accused rued shots with the rifles carried by them he was hit on his leg and in defence. Subedar and the said Kashmir Singh also fired from their rifles and his son Balkar Singh also fired with a SBBL gun and Guljar Singh also fired with a DBBL gun. But when Balkar Singh chased the accused by flashing his torch, he sustained bullet injury fired by the Balwinder Singh causing his death on the spot.

5. It may be stated here that the F.I.R. was lodged in this case within 1-½ hours of the incident in the police station which was 4-½ kms, away from, the incident. Excepting Kashmir Singh, other witnesses examined in this case in support of prosecution case are police personnel. In the statement under Section 313 of the Code of Criminal Procedure, the accused denied the prosecution case. No witnes