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2010 Supreme(Guj) 537
IN THE HIGH COURT OF GUJARAT
R.M. Doshit, K.M. Thaker, JJ.
State of Gujrat - Appellants
Versus
Adambhai Sulemanbhai Ajmeri - Respondents
Criminal Confirmation Case No. 2 of 2006 with Criminal Appeal No. 1675 of 2006 with Criminal Appeal No. 1328 of 2006 (arising out of judgment and order of conviction and sentence dated 1.7.2006 passed by the special Judge Ahmedabad in P.O.T.A. Case No. 16 of 2003)
Decided On : 01-06-2010
For the Appellant : Mr. Jayant M. Panchal Spl. P.P. with Mr. U.A. Trivedi & Mr. K.J. Panchal, Addl. PPs.
For the Respondents:Mr. Majid Memon with Mr. Khalid Shaikh, Advocates
Headnote:
Code of Criminal Procedure, 1973 - Section 366 - Prevention of Terrorism Act - Sections 3(3), 5, 22(2)(a)(b), 20 - Explosive Substances Act - Sections 3, 4, 6 - Indian Penal Code, 1860 - Section 120B - A reference has been made against the order order of acquittal - conviction - Held, confirm conviction of the accused for the offences punishable under Section 3 {3} of the POTA and the sentence of life imprisonment and a fine of Rs. 10,000/- and simple imprisonment for two years in default of payment of fine; for offence punishable under Section 3 (3) read with Section 5 of the POTA and the sentence of rigorous imprisonment for 10 years and a fine of Rs. 5,000/- and simple imprisonment for one year in case or default in payment of fine; for offence punishable under Section 3 [1] of POTA and sentence of life imprisonment and fine of Rs. 25,000/-; for the offence punishable under Section 120B read with Section 4 of Explosive Substances Act and sentence of rigorous imprisonment for 10 years and a fine of Rs. 10,000/- and simple imprisonment for two years in default of payment of fine; for offence punishable under Section 120B IPC read with Sections 3 & 6 of Explosive Substances Act and the sentence for life imprisonment and a fine of Rs.20,000/-; for offence punishable under Section 120B IPC read with Section 307 IPC and the sentence of life imprisonment and a fine of Rs. 20,000/- and simple imprisonment for one year in default of payment of fine; for offence punishable under Section 120B read with Section 25 [1](AA) of the Arms Act and the sentence of rigorous imprisonment for 7 years and a fine of Rs. 10,000/- and simple imprisonment for two years in default of payment of fine - confirm his conviction for offence punishable under Section 120B IPC read with Section 302 IPC and the death sentence [hanging by neck till death] and a fine of Rs. 25,000/- - Order Accordingly
JUDGMENT :
R.M. Doshit, J.
This group of matters arise from the judgment and order dated 1st July 2006 passed by the learned Special Judge, Ahmedabad in POTA Case No. 16 of 2003. A reference has been made under Section 366 CrPC for confirmation of the death sentence imposed upon the accused no.2 - Adambhai Sulemanbhai Ajmeri; accused no.4 - Abdul Kayum @ Muftisab Mohammedbhai Mansuri and accused no.6 - Shaanmiya @ Chandkhan Sajjadkhan. The Appeals have been preferred by the accused against the conviction recorded against them and the sentence imposed.
2. The order of acquittal of the accused of various charges is not challenged by the State.
Accused No 1 : Altafhussain Akbarhussain Malek has been convicted and sentenced as under:-
Conviction Punishment Imposed For the offence punishable under Section 22 (1) (a) of the POTA Rigorous Imprisonment for 5 years and a fine of Rs. 5,000/-; in default of payment of fine, a simple imprisonment for 6 months;
The accused is acquitted of the rest of the charges.
Accused No: 2 Adambhai Sulemanbhai Ajmeri has been convicted and sentenced as under:-
Conviction Punishment Imposed For offence punishable under Section 3 (3) of the POTA Life Imprisonment and a fine of Rs. 10,000/-; in default of payment of fine, a simple imprisonment for 2 years;
For offence punishable under Section 3 (3) read with Section 5 of the POTA Rigorous Imprisonment for 10 years and a fine of Rs. 5,000/-; in default of payment of fine, a simple imprisonment for 1 year;
For offence punishable under Section 22 [2] (a) (b) of the POTA Rigorous Imprisonment for 10 years and a fine of Rs. 20,000/-; in default of payment of fine, a simple imprisonment for 1 year;
For offence punishable under Section 120B IPC read with Section 4 of the Explosive Substances Act Rigorous Imprisonment for 10 years and a fine of Rs. 10,000/-; in default of payment of fine, a simple imprisonment for 2 years;
For offence punishable under Section 120B IPC read with Section 3 & read with Section 6 of the Explosives Substances Act Life Imprisonment and a fine of Rs. 20,000/-;
For offence punishable under Section 120B IPC read with Section 302 IPC Death Penalty (hanging by neck till death) and a fine of Rs. 25,000/-;
For offence punishable under Section 120B IPC read with Section 307 IPC Life Imprisonment and a fine of Rs. 20,000/-; in default of payment of fine, a simple imprisonment for 1 year;
For offence punishable under Section 120B IPC read with Section 27 of the Arms Act Rigorous Imprisonment for 7 years and a fine of Rs. 10,000/-; in default of payment of fine, a simple imprisonment for 1 year.
The accused is acquitted of the rest of the charges.
Accused No : 3 Mohmed Salim Hanif Shaikh has been convicted and sentenced as under:-
Conviction Punishment Imposed For offence punishable under Section 3 (3) of the POTA Life Imprisonment and a fine of Rs. 10,000/-; in default of payment of fine, a simple imprisonment for 2 years;
For offence punishable under Section 3 (3) read with Section 5 of the POTA Rigorous Imprisonment for 10 years and a fine of Rs. 5,000/-; in default of payment of fine, a simple imprisonment for 1 year;
For the offence punishable under Section 20 of the POTA Rigorous Imprisonment for 5 years and a fine of Rs. 20,000/-; in default of payment of fine, a rigorous imprisonment for 1 year;
For the offence punishable under Section 21 [2] (b) of the POTA Rigorous Imprisonment for 10 years and a fine of Rs. 10,000/-; in default of payment of fine, a simple imprisonment for 1 year;
For offence punishable under Section 22 [1] (a) of the POTA Rigorous Imprisonment for 10 years and a fine of Rs. 20,000/-; in default of payment of fine, a simple imprisonment for 2 years;
For offence punishable under Section 120B IPC read with Section 4 of the Explosives Substances Act Rigorous Imprisonment for 10 years and a fine of Rs. 10,000/-; in default of payment of fine, a simple imprisonment for 2 years;
For offence punishable under Section 120B IPC read with Section 3 & Se
