REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 981 OF 2009

(Arising out of SLP (Crl.) No. 6374 of 2007)

Jayendra Vishnu Thakur

…. Appellant

Versus

State of Maharahstra and another

…. Respondents

J U D G M E N T

S.B. SINHA, J.

1.

Leave granted.

2.

Interpretation of the provisions of Section 299 of the Code of

Criminal Procedure, 1973 (for short ‘the Code’), Section 33 of the Indian

Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive

Activities (Prevention) Act, 1987 (for short ‘the TADA’) is involved in this

appeal which arises out of a common order dated 6^th March, 2007 passed by

the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in

TSC No. 2/1996, 1/1997and 2/1997.

3.

The said question arises in the following fact situation.

One Suresh Narsinh Dube was shot dead at Nallasopara Railway

Station in the suburbs of Mumbai on 9^th October, 1989. The impleaded

respondent herein, the brother of the deceased, filed a complaint petition

with regard to the incident. Appellant absconded.

A proclamation under Section 82 of the Code was thereafter issued on

9^th February, 1993 decl