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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K. SOMASHEKAR, SHIVASHANKAR AMARANNAVAR, JJ.
Ghayur Ahmad Jamali S/o Nasrulla Jamal Jamali – Appellant
Versus
State of Karnataka – Respondent
Criminal Appeal No. 1882 of 2021
Decided On : 23-06-2022
Constitution of India, 1950 – Article 21 – Indian Penal Code, 1860 – Section 53 – Criminal Procedure Code, 1973 – Section 173(2), 173(4), 428, 375, 375 (b), 229, 228, 154, 374,– Explosive Substances Act, 1908 – Section 4(a), 5(b), 6 – Unlawful Activities (Prevention) Act, 1967 – Section 121, 120B, 121A, 13(1)(A), 16(1)(b), 4(a) – National Investigation Agency Act 2008 – Section 21 – Indian Evidence Act, 1872 – Section 3 – Appeals – Protection of Life and Personal Liberty – Period of detention undergone – Conviction on plea of guilty – Framing of charge – Appeals from convictions – Punishment for attempt to cause explosion – Punishment for unlawful activities –Held, In criminal jurisprudence there must be some just and fair trial to arrive at a conclusion as regards offences which are charged against accused – It is domain vested with trial court to proceed in accordance with aforesaid relevant provisions of Indian Evidence Act, 1872 and so also relevant provisions of Code of Criminal Procedure – Therefore, in instant appeal it is appropriate for and also requires intervention for aforesaid reasons – If not intervened certainly no fair trial or just conclusion by a trial Judge – Consequently, in this appeal matter even though appeal is preferred by accused Nos. 3 and 4 under Section 21 of NIA Act, 2008 read with Section 375(b) of Cr.P.C. by challenging impugned order, it is to extent or legality of sentence – However keeping in view aforesaid reasons and findings, Court are of opinion that terms of a conviction/ sentence deserves to be set aside – Appeal allowed.
JUDGMENT :
K. SOMASHEKAR, J.
1. This appeal is directed against the impugned order passed by the XLIX Additional City Civil and Sessions Judge/Special court for trial of NIA cases, Bengaluru, dated 18.11.2021 and order of sentence dated 25.11.2021, convicting the appellants/accused Nos. 3 and 4 in respect of the following offences:
(2) Accused shall undergo rigorous imprisonment for eight years for the offence punishable under Section 120B of IPC and sentenced to pay a fine of Rs. 10,000/- each, in default to pay fine amount they shall undergo further simple imprisonment for three months.
(3) They shall undergo rigorous imprisonment for ten years for the offence punishable under Section 121A of IPC and sentenced to pay a fine of Rs. 10,000/- each. In default to pay fine amount they shall undergo further simple imprisonment for three months.
(4) They shall undergo simple imprisonment for five years for the offences punishable under Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 5,000/- each. In default to pay fine amount they shall undergo simple imprisonment for two months.
(5) They shall undergo simple imprisonment for six years for the offences punishable under Section 120B, 121A of IPC and so also for the offence punishable under Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 5,000/- each. In default to pay fine amount they shall undergo further simple imprisonment for two months.
(6) They shall undergo rigorous imprisonment for life for the offences punishable under Section 121 of IPC read with Sections 120B and 121A of IPC and Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 25,000/- each. In default to pay fine amount they shall undergo simple imprisonment for six months.
(7) They shall undergo simple imprisonment for five years for the offence punishable under Section 13(1)(a) of the Unlawful Activities (Prevention) Act, 1967 read with Section 120B and 121A of IPC under Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 5,000/- each. In default to pay fine amount they shall undergo further simple imprisonment for two months.
(8) They shall undergo rigorous imprisonment for five years for the offence punishable under Section 16(1)(b) of Unlawful Activities (Prevention) Act, 1967 read with Section 120B and 121A of IPC and Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 5,000/- each. In default to pay fine amount they shall undergo simple imprisonment for two months.
(9) They shall undergo rigorous imprisonment for seven years for the offences punishable under Section 307 of IPC read with Sections 120B and 121A of IPC and under Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 10,000/- each. In default to pay fine amount they shall undergo further simple imprisonment for three months.
(10) They shall undergo rigorous imprisonment for seven years for the offence punishable under Section 4(a) of the Explosive Substances Act of 1908 read with Sections 120B and 121A of IPC and Section 18 of Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount of Rs. 5,000/- each. In default to pay fine amount they shall undergo further simple imprisonment for two months.
(11) They shall undergo rigorous imprisonment for five years for the offence punishable under Section 5(b) of Explosive Substances Act of 1908 read with Sections 120B and 121A of IPC and Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to pay fine amount
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