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1995 Supreme(SC) 965

G.T.NANAVATI, G.N.RAY
Wariyamsingh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.S.PUNDIR, ANIS AHMED, N.A.SIDDIQUI

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



















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