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2017 Supreme(SC) 414

PINAKI CHANDRA GHOSE, ROHINTON FALI NARIMAN
SEENI NAINAR MOHAMMED – Appellant
Versus
STATE REP. BY DEPUTY SUPERINTENDENT OF POLICE – Respondent


JUDGMENT

Pinaki Chandra Ghose, J.

1. These two appeals are directed against the judgment and order dated 8th September, 2011 passed by the Court of Designated Judge for TADA Cases, Tirunelveli, in TADA Case No.1/1997, whereby the learned Designated Judge found the appellants herein guilty for offences punishable under Section 120(B) read with Sections 302, 147, 148 & 149 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Sections 3(2), 3(3) & 3(4) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ( for short “TADA”) and sentenced them to life imprisonment.

2. The facts of the case have been elaborately discussed by the learned Special Judge of the Designated Court for adjudication of TADA cases. We need not, therefore, recapitulate the entire factual backdrop in which the appellants were tried, found guilty and sentenced, excepting where it is absolutely necessary to do so. There are six accused in this case, namely, Sahul Hameed (A-1), Raja Hussain (A-2), Zubeir (A-3), Zakir Hussain (A-4), Azeez (A-5) and Seeni Nainar Mohammed (A-6). On 10th October, 1994, at about 06:30 a.m., A-1 to A-6 in pursuance of the conspiracy hatched amongst them, went to



















































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