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2025 Supreme(Telangana) 701
IN THE HIGH COURT OF TELANGANA
K. LAKSHMAN, P. SREE SUDHA, JJ.
Asadullah Akhter, Haddi , Tabrez , Danial ,Asad A2 - Appellant
Vs.
The State of Telangana
Criminal Appeal No.1299 of 2016 Along With Referred Trial No.1 of 2016
Decided On : 08-04-2025
Advocate Appeared:
For the Appellant : R MAHADEVAN
For the Respondent: P. VISHNUVARDHANA REDDYSPL PP FOR NIA
JUDGMENT :
(K. Lakshman, J.)
Heard Mr. R. Mahadevan, learned counsel for appellant Nos.2 and 5 - accused Nos.2 and 5, Mr. Appam Chandra Sekhar, learned counsel for appellant Nos.3 and 4 - accused Nos.3 and 4, Mr. Pathan T.W., learned counsel representing Mr. Mohammed Shujaullah Khan, learned counsel for appellant No.6 - accused No.6 and Mr. P. Vishnuvardhan Reddy, learned Special Public Prosecutor for NIA appearing on behalf of the respondent - State.
2. Vide judgment dated 13.12.2016 in Sessions Case No.01 of 2015, learned Special Court for the trial of Scheduled Offences Investigated by National Investigation Agency - cum - V Additional Metropolitan and Sessions Judge, Rangareddy District at L.B. Nagar, Telangana State (hereinafter referred to as ‘trial Court’), found accused Nos.2 to 6 herein guilty of the following offenses:
| S.N. | Accused | Offences with which the accused were found guilty |
| 01. | Accused No.2 | 120-B r/w 302, 121, 121-A, 122, 302 r/w 34 (2 counts), 307 r/w 34 (2 counts), 316 r/w 34, 436 r/w 34, 201, 466 r/w 109, 474 r/w 109 of IPC, Sec.3 of Explosive Substances Act (for short ES Act), Sec.5 of ES Act, Sec.3 of ES Act r/w 34 IPC, Sec.14 of Foreigners Act r/w 109, Sec.4 of the Public Property Damages Act (for short ‘PPD Act’) r/w 34, 16 of the Unlawful Activities (Prevention) Act (for short ‘UAA’) r/w 34, 17 of UAA, 18 of UAA and 19 of UAA r/w 109. |
| 02. | Accused No.3 | 120-B r/w 302, 121, 121-A, 122, 302, 302 r/w 34, 307, 307 r/w 34, 316 r/w 34, 436, 201, 466 r/w 109, 474 r/w 109, Sec.3 of ES Act, Sec.5 of ES Act, Sec.3 of ES Act, Sec.14 of Foreigners Act, Sec.4 of PPD Act, 16 of UAA, 17 of UAA, 18 of UAA, 19 of UAA r/w 109. |
| 03. | Accused No.4 | 120-B r/w 302, 121, 121-A, 122, 302, 302 r/w 34, 307, 307 r/w 34, 316, 436, 201, 466 r/w 109, 474 r/w 109, Sec.3 of ES Act, Sec.5 of ES Act, Sec.3 of ES Act, Sec.14 of Foreigners Act r/w 109, Sec.4 of PPD Act r/w 34, 16 of UAA, 17 of UAA, 18 of UAA, 19 of UAA r/w 109. |
| 04. | Accused No.5 | 120-B r/w 302, 121, 121-A, 122, 302 r/w 109 (2 counts), 307 r/w 109 (2 counts), 316 r/w 109, 436 r/w 109, 201 r/w 109, 466 r/w 109, 474 r/w 109, Sec.5 of ES Act r/w 109, Sec.3 of ES Act r/w 109, Sec.14 of Foreigners Act r/w 109, Sec.4 of PPD Act r/w 109, 16 of UAA r/w 109, 17 of UAA, 18 of UAA , 19 of UAA, 19 of UAA r/w 109. |
| 05. | Accused No.6 | 120-B r/w 302, 121, 121-A, 122 r/w 109, 302 r/w 109 (2 counts), 307 r/w 109 (2 counts), 316 r/w 109, 436 r/w 109, 201 r/w 109, 466, 474, Sec.5 of ES Act r/w 109, Sec.3 of ES Act r/w 109, Sec.14 of Foreigners Act r/w 109, Sec.4 of PPD Act r/w 109, 16 of UAA r/w 109, 17 of UAA, 18 of UAA, 19 of UAA r/w 109. |
3. Accordingly, accused No.2 to 6 were convicted under section 235 (2) of Cr.P.C. for above said offences.
4. However, accused Nos.2 to 6 were found not guilty for the offences under Sections - 10, 20, 38 (2) and 39 (2) of the UAP Act, and accordingly they were acquitted under Section - 235 (1) of Cr.P.C.
5. Learned trial Court imposed the death penalty, life imprisonment and other punishments for the aforesaid offences, the details of which are as under:
| Accused No. | Offences | Punishment |
| Accused No.2 | 120B r/w 302 IPC | Death Penalty with a Fine of Rs.10,000/- In Default to undergo Simple Imprisonment (for short ‘IDSI) for one month |
| 121 | -do- | |
| 121A | Life Imprisonment with a Fine of Rs.10,000/-, IDSI for one month | |
| 122 | -do- | |
| 302 r/w 34 (two counts) | Death penalty with a Fine of Rs.20,000/- (for each count Rs.10,000/-), IDSI for one month for each count. | |
| 307 r/w 34 (two counts) | Life Imprisonment with a Fine of Rs.20,000/- (for each count Rs.10,000/-), IDSI for one month for each count | |
| 316 r/w 34 | Rigorous Imprisonment (RI) for 10 Years with aFine of Rs.10,000/-, IDSI for one month | |
| 436 r/w 34 | Life Imprisonment with a Fineof Rs.10,000/-, IDSI for one month | |
| 201 | RI for 7 Years with a Fine of Rs.10,000/-IDSI for one month | |
| 466 r/w 109 | RI for 7 Years with a Fine of Rs.10,000/-IDSI for one month | |
| 474 r/w 109 | RI for 7 Years with a Fine of Rs.10,000/-IDSI for one month | |
| Sec.3 (b) of ES Act | Death Penalty with a Fine of Rs.10,000/-, IDSI for | |
