IMPORTANT POINT
Statements not strictly legally admissible in evidence can be brought on record with the help of section 391 Cr. P.C.

JUDGMENT

Aftab Alam, J.

1. Leave granted.

2. On March 20, 1975, at about 4.15 p.m. when the car in which Mr. Justice A.N. Ray, holding the office of the Chief Justice of India at that time, was travelling, along with his son Shri Ajoy Nath Ray and a Jamadar Jai Nand and the driver Inder Singh, stopped at the intersection of Tilak Marg and Bhagwan Dass road, at a stone throw distance from the Supreme Court of India, two live hand grenades were lobbed inside the car. Fortunately, the grenades did not explode and the occupants of the car, including the Chief Justice of India, escaped unharmed.

3. A case was registered and investigation was started by the Crime Branch of the Delhi Police. But, as the police investigation did not make much headway, on June 30, 1975 the case was handed over to the CBI. On the same day, one Santoshanand Avadhoot (appellant in Criminal appeal arising out of SLP (Criminal) 6625 of 2006) was arrested followed by the arrest of an advocate, namely, Ranjan Dwivedi (appellant in criminal appeal arising out of SLP (Crl.) No.6800/2006) on July 6, 1975.

4. Here, it may be noted that about two and a half months before the attempt on the life of the Chief Justice of India, Shri L.N. Mishra, the Minister of Railways in the Union Cabinet was killed in a bomb blast taking place during a function on the platform of Samastipur Railway Station. In connection with that case, Sudevanand Avadhoot (appellant in criminal appeal arising out of SLP (Crl.) No.6489/2006) and one Vikram alias Jaladhar Das were arrested at Bhagalpur. On July 27, 1975 they were also arrested in the present case relating to the attempt on the life of the Chief Justice and were brought to Delhi where they were sent on police remand from July 31, 1975 to August 14, 1975. While on remand, Vikram made a confessional statement and requested to be allowed to become an Approver. He was produced before a Magistrate on August 14, 1975, before whom he made a statement under Section 164 of the Code of Criminal Procedure (in short “Cr.P.C.”) giving the details of the conspiracy to kill the Chief Justice of India. He was again produced before the Chief Judicial Magistrate on August 22, 1975 before whom he made a similar statement for grant of pardon under Section 306 Cr.P.C.

5. The CBI completed investigation of the case and submitted charge-sheet against the three accused, namely, Sudevanand, Santoshanand and Ranjan Dwivedi and they were put on trial in Sessions Case No.9/1976. Sudevanand and Santoshanand were charged under Section 307 read with Section 120-B of the Indian Penal Code and Section 4(b) of the Explosive Substances Act, 1908. So far as Ranjan Dwivedi is concerned, he was charged jointly with the other two accused under Section 120 B of the Penal Code only. At the conclusion of the trial, the Additional Sessions Judge, Delhi vide his judgment and order dated October 28, 1976 convicted Sudevanand and Santoshanand under Sections 115, 307/120B of the Penal Code and sentenced them to undergo rigorous imprisonment for 7 years under Section 115 read with 120-B(1), 10 years for attempting to kill Chief Justice A. N. Ray and three other occupants of the car and 7 years under Section 4(b) of the Explosive Substances Act, 1908. Ranjan Dwivedi was convicted under Section 115/120 B(1) of the Penal Code and was sentenced to 4 years rigorous imprisonment.

6. It may be noted here that Vikram, the Approver was examined by the prosecution as PW.1 and according to the appellants their conviction is mainly based on his evidence.

7. Against the judgment and order passed by the trial court, Ranjan Dwivedi filed appeal before the High Court on December 6, 1976 which is registered as Criminal Appeal No.436/1976. Sudevanand and Santoshanand jointly filed a separate appeal which is registered as 443/1976.

8. After the appellants’ trial was over, and they were convicted and sentenced by the trial court, as noted above, and after they had filed their appeals before the H