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2009 Supreme(SC) 1065

K. G. BALAKRISHNAN, P. SATHASIVAM, J. M. PANCHAL
Ahmed Hussein Vali Mohammed Saiyed – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellants :Sushil Kumar, Sr. Adv., Ms. Nitya Ramakrishnan, Trideep Pais, Nikhil Nayyar, R.P. Wadhwani, Ms. Kamini Jaiswal, Ms. Shomila Bakshi, Sudhir Nandrajog, Ms. Saahila Lamba, Sanjay Jain, Noor Mohd. Shaikh, Aditya Kumar, Anmol Thakral, Vinay Arora, Advocates.
For the Respondents:Yashank Adhyaru, Sr. Adv., Ms. Hemantika Wahi, Ms. Pinky Behara, Somnatha Padhan, Advocates.

JUDGMENT

P. Sathasivam, J.—

1. All the above appeals were filed before this Court under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as “the TADA Act”) against the order dated 21.10.2002 of the Designated Court at Ahmedabad in TADA Case Nos. 8/1993, 144/1993, 2/1996, 4/1996 & 38/1996 whereby the learned Judge convicted the appellants under Section 302 read with Section 120-B I.P.C., Sections 25(1)(c) and 27 of the Arms Act and Section 5 of the TADA Act and sentenced them under different counts of punishment including life imprisonment.

2. The brief facts leading to the filing of the present appeals are as follows:

According to the prosecution, on 03.8.1992, the accused formed an unlawful assembly and conspired together along with the absconding accused Sharifkhan, Resulkhan, Aminkhan Mojkhan and Imtiyaz and launched an attack on the deceased Hansraj Shivgopal Trivedi and other persons who were with him. In pursuance of the same, nine persons were killed and three persons were injured by indiscriminate firing resorted to by the appellants/accused with revolvers and automatic guns. Accused Nos. 1,2,3,4 and 20 went to Radhika Gy























































































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