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2007 Supreme(SC) 558

K. G. BALAKRISHNAN, G. P. MATHUR
ABDULVAHAB ABDULMAJID SHAIKH – Appellant
Versus
State of Gujarat – Respondent


Judgment

K.G. BALAKRISHNAN, C.J.I. - All these appeals arise out of judgment dated 30 - 7 - 2004 of the Additional Designated Judge, Ahmedabad in TADA Criminal Case No. 22 of 1996. 14 accused were tried for the offences punishable under Sections 395, 365, 365 - A, 212, 465, 471 read with Section 120 - B IPC and also under Sections 3 and 5 of the TADA Act read with Section 120 - B IPC. They were also charged under Sections 25(1 - B)(a) and 27 of the Arms Act read with Section 120 - B IPC. Out of the 14 accused, accused A - 1, A - 2, A - 3, A - 7, A - 8, A - 11, A - 12 and A - 14 were found guilty of offences punishable under Sections 120 - B, 342, 365 and 384 IPC and were acquitted of other offences. The other accused A - 4, A - 5, A - 6, A - 9 and A - 10 were not found guilty. Accused A - 13 died during the pendency of the trial. Criminal Appeal No. 1228 of 2004 has been filed by the accused who have been convicted by the Special Judge. Criminal Appeal No. 129 of 2005 has been filed by the State alleging that the acquittal of the accused - appellants in Criminal Appeal No. 1228 of 2004 for certain other offences for which they were charged was not justified. Criminal Appeal No. 130





















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