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2007 Supreme(SC) 569

K. G. BALAKRISHNAN, G. P. MATHUR
Prakash Kumar @ Prakash Bhutto – Appellant
Versus
State Of Gujarat – Respondent


JUDGMENT

K.G. Balakrishnan, CJI — All these appeals arise out of common judgment dated 19-3-2001 of the Designated Court at Ahmedabad for trial of TADA cases in Terrorist Criminal Case No. 33 of 1994 and Terrorist Criminal Case No. 24 of 1996. There were seven accused in Terrorist Criminal case No. 33 of 1994 and four accused in Terrorist Criminal case No. 24 of 1996. One accused died during the pendency of the case and six accused were convicted for the offences punishable under Sections 120, 365 read with Section 120-B of the Indian Penal Code (IPC) and Section 342 read with Section 120-B IPC.

2. The appellant in Criminal Appeal No. 526/2001 was the ninth accused and was convicted for the offences punishable under Sections 120 B, 342 and 365 IPC. All the accused were charged for various offences under IPC, TADA Act and Arms Act. The allegation against the appellant was that on 26-9-1993 at about 2.00 P.M, he alongwith other accused kidnapped one Babulal Misrimal Jain and kept him in confinement for two days and extorted money. The said Babulal Misrimal was the owner of Ratnamani Tubewell Limited at Kalol. On 26-9-1993, he went for a community lunch held at Rani Sati Hall in Ahme










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