HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE SMT. JUSTICE P. SREE SUDHA CRIMINAL APPEAL No.1299 OF 2016 ALONG WITH REFERRED TRIAL No.1 OF 2016 COMMON JUDGMENT: (Per Hon’ble Sri Justice K. Lakshman)

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

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), Accused Sec.5 of ES Act, Sec.3 of ES Act r/w 34 IPC, Sec.14 of Foreigners

01.

No.2 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.

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, Accused

02.

Sec.5 of ES Act, Sec.3 of ES Act, Sec.14 of Foreigners Act, Sec.4 No.3 of PPD Act, 16 of UAA, 17 of UAA, 18 of UAA, 19 of UAA r/w

109.

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

03. Accused ES Act, Sec.3 of ES Act, Sec.14 of Foreigners Act r/w 109, Sec.4 No.4 of PPD Act r/w 34, 16 of UAA, 17 of UAA, 18 of UAA, 19 of UAA r/w 109.

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 Accused

04.

109, 474 r/w 109, Sec.5 of ES Act r/w 109, Sec.3 of ES Act r/w No.5

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.

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, Accused

05.

No.6

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 theywere 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:

However, the learned trial Court felt that no separate sentence is required to be imposed for the conspiracy to commit other offences which are minor in nature as the sentence of death was already awarded to the accused for the offence punishable under Section

120-B read with 302 of IPC.

6. Feeling aggrieved by the aforesaid convictions and sentences imposed by the learned trial Court vide impugned judgment dated 13/19.12.2016, accused Nos.2 to 6 preferred the present Criminal Appeal i.e., Crl.A. No.1299 of 2016, while learned trial Court addressed a letter vide Dis.No.812 of 2016, dated 19.12.2016 to this Court seeking confirmation of capital punishment of death under Section 366 of the Cr.P.C. Pursuant to the said letter, this Court registered the same as Referred Trial (R.