(Prayer: This Criminal Appeal is filed against the judgment of conviction and sentence, dated 17.11.2006, made in SC.No.13 of 2001, by the Special Court for Exclusive Trial of Bomb Blast Cases, Poonamallee.)

1. This Criminal Appeal is filed against the judgment of conviction and sentence, dated 17.11.2006, made in SC.No.13 of 2001, by the Special Court for Exclusive Trial of Bomb Blast Cases, Poonamallee.

2. The 1st Appellant/A2 was convicted and sentenced (a) for the offence under Section 120B of IPC read with 307 of IPC, to undergo Rigorous Imprisonment for eight years, (b) for the offence under Section 120B of IPC read with Section 3 of the Explosive Substances Act, to undergo Rigorous Imprisonment for eight years, (c) for the offence under Section 120B of IPC read with Section 4 Tamil Nadu Property (Prevention of Damages and Loss) Act (in short TNPP Act), to undergo Rigorous Imprisonment for three years, (d) for the offence under Section 3 of the Explosive Substances Act, read with Section 34 of IPC, to undergo Rigorous Imprisonment for eight years, (e) for the offence under Section 307 read with 34 of IPC (14 counts), to undergo Rigorous Imprisonment for eight years under each count and (f) for the offence under Section 4 of the TNPP Act, to undergo Rigorous Imprisonment for three years and was directed to undergo the sentences concurrently.

3. The 2nd Appellant/A3 was convicted and sentenced (a) for the offence under Section 120B of IPC read with Section 3 of the Explosive Substances Act, to undergo Rigorous Imprisonment for eight years, (b) for the offence under Section 120B of IPC read with 307 of IPC, to undergo Rigorous Imprisonment for eight years, (c) for the offence under Section 120B of IPC read with Section 4 Tamil Nadu Property (Prevention of Damages and Loss) Act, to undergo Rigorous Imprisonment for three years, (d) for the offence under Section 3 of the Explosive Substances Act, read with Section 6 of the Act to undergo Rigorous Imprisonment for eight years and (e) for the offence under Section 4 of the TNPP Act, to undergo Rigorous Imprisonment for three years and was directed to undergo the sentences concurrently.

4. There are three accused persons, namely, A1 to A3 in SC.No.13 of 2001 and they are alleged to be religious fundamentalists. The Appellants herein are A2 and A3. The accused were charge sheeted for the offences under Sections 120B, 436 and 307 of IPC and Sections 3 and 6 of the Explosive Substances Act and Section 4 of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992, read with 109 of IPC, alleging that the accused/A1 to A3, conspired among themselves in the month of July 1996 to stall the cabaret dance performance at Maxim's Hall, within Imperial Hotel at Egmore and accordingly, A3 arranged a house for A1 and A2 at No.5/121, 115th Street, Muthamiz Nagar, Kodungaiyur, belonging to one Sabu, residing at No.38, 4th Street, TVK Nagar, Chennai and conspired to blast the dance floor of the said Hotel. It is further alleged that A1 manufactured an improvised explosive device and A3 helped in concealing that bomb at his Scrap Iron Shop, located at No.110. TH Road, Erukkancheri and that in furtherance of the above conspiracy, A1 and A2 obtained the stored bomb from A3, made entry into the Maxim Hall of the Imperial Hotel on 27.09.1996 and planted the bomb below the 2nd and 3rd tables under the cover of semi darkness and that when the dancing programme was going on, A1 switched the bomb and left the Maxim Hall with A2 and that within few minutes thereafter, the bomb exploded with a huge noise, which caused various types of injuries to the customers who witnessed the programme and to the employees of the programme. It is further alleged that the loss occurred to the furniture and the floor of the dance hall was estimated to be Rs.1,50,000/- and thereby, the accused appeared to have committed the offences under the above provisions of law.

5. The case was taken on file in SC.No.13 o