ASHUTOSH KUMAR, JITENDRA KUMAR
State of Bihar – Appellant
Versus
Imteyaz Alam @ Ansari – Respondent
Ashutosh Kumar, J.—We have heard the afore-noted appeals as also the Death Reference No. 10/2021 together, which are being disposed of by this common judgment.
2. Out of ten accused persons (who would be referred to in the judgment by their serial number before the Trial Court) put on Trial in Special Case No. 05 of 2013 (arising out of R.C. Case No. 10/2013)/CIS No. 5600/2014, the learned Special Judge NIA, Patna has convicted nine of them and has acquitted one, viz., Fakhruddin Ansari (A-8).
3. Imteyaz Alam @ Ansari (A1) [Cr. APP. (DB) No. 18 of 2022] has been held guilty for the offences under Sections 4 and 5 of Explosive Substances Act, 1908; 120B read with 302, 121, 121A of the IPC; 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 and under Section 151 of the Railways Act, 1989.
4. Haider Ali (A2) [Cr. APP. (DB) No. 83 of 2022], Numan Ansari (A3)[Cr. APP. (DB) No. 769 of 2021] and Md. Mujibullah Ansari (A4) [Cr. APP. (DB) No. 58 of 2022] have been found guilty under Sections 3 and 5 of Explosive Substances Act, 1908; Sections 121, 121A, 120B read with Section 302, 302 read with Section 34 and Section 307 read with Section 34 of the IPC; and Sections 16, 18 and 20 of U
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The court upheld the convictions for conspiracy and bomb blasts, emphasizing the sufficiency of circumstantial evidence and confessions, while modifying death sentences to a fixed term of 30 years ba....
Point of Law : When two views are possible, the view favourable to the accused has to be adopted
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
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