JUDGMENT

Vinod Chandran, J.

Lured by the pleasures of a heavenly paradise, achieved only by killing human brethren and fellow nationals, five young men journeyed to the 'Paradise on Earth', only to embrace death before becoming its messengers. Whether the dead, now enjoy the pleasures of the elusive paradise is a moot question, but they sure created a living hell for their families who were plunged in grief, coupled with shame. The trial saw the kith and kin breaking down and a sister narrating how her studies, abruptly ceased. The accused are alleged to have conspired to incite young men, radicalise them and recruit them into terrorism to wage war against their own country. The sole recruit left alive, developed cold feet, ran back to the bosom of his own country; the very same country against which he waged war, which gave him a fair trial and convicted him with some others arraigned. We are called upon to decide the legality of the conviction and the propriety of the sentence, in the appeal by the accused. The National Investigation Agency (NIA), which filed the final report has filed an appeal against the acquittal under Sections 120(B), 122, 124(A), 465 & 471 of the Indian Pena