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2014 Supreme(SC) 289

P. SATHASIVAM, RANJANA PRAKASH DESAI, RANJAN GOGOI
Periyasami S/o. Duraisami Novanagar – Appellant
Versus
State represented through Inspector of Police, Q Branch CID, Tiruchirappalli, Tamil Nadu – Respondent


JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. The present appeals filed under Section 19 of the Terrorist And Disruptive Activities (Prevention) Act, 1987 ("the TADA") are directed against the judgment and order dated 27/06/2012 passed by the Principal Sessions Judge and Designated Judge under the TADA, for Tiruchirapalli in Calendar Case No.45 of 1995 in Crime No.307 of 1992 of Vridhachalam Railway Police Station. The appellant in Criminal Appeal No.787 of 2013 is Senthilkumar @ Kumar ('A1-Senthilkumar' for convenience). The appellant in Criminal Appeal No.1272 of 2012 is Periyasami ('A2-Periyasami' for convenience).

2. According to the prosecution, on 24/10/1992, PW-10 Ramasamy was driving Quilon Express (Train No.6105). When the train reached near Maruvathur Peria Odai Bridge No.276, he noticed some object over the railway track. He immediately applied emergency brake and stopped the train. PW-11 Rajendran Raja, who was the Assistant Driver stepped down from the train along with the guard and proceeded to inspect the track. They saw some boulders placed on the track covered with green leaves. At that time, they heard a loud noise near the bridge situated at a distance of 1 K.M.

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