- (1.) We have heard the learned Counsel for the parties at length.
(2.) The appellant Mohd. Maqbool Tantray along with 17 others was tried for offences punishable under Sections 302/392/364 etc. of the Ranbir Penal Code [for short 'the RPC'] and Section 3(1) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 [hereinafter referred to as 'the TADA'] for being involved in the abduction and murder of former MLA Mir Mustafa on the 25th March, 1990. Eleven of the accused were discharged on the statement made by the Public Prosecutor, three died during the pendency of the trial and one absconded and three were brought to trial including the appellant. In the trial three co-accused of the appellant herein were acquitted but the court relying on the evidence of various prosecution witnesses and in particular on the confessional statement given by the appellant to the SSP Mr. A.K. Suri, convicted him for offences punishable under Section 364 read with Section 120B of the RPC and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default to undergo imprisonment for six months and under Section 3(2)(ii) of TADA to undergo rigorous imprisonment for 14 years and to pay a fine of Rs. 5000/-, in default of payment of fine to further undergo imprisonment for a period of one year, both the sentences to run concurrently. The present appeal has been filed impugning the judgment of the trial court as the appeal under TADA lies directly to the Supreme Court.
(3.) Mr. Agrawala, the learned Counsel for the appellant has not argued the matter on merits but has pointed out that in view of the above facts more particularly that eleven out of 18 accused had been discharged and the two co-accused of the appellant herein had been acquitted vide the impugned judgment and the additional fact that the trial had continued for almost twenty years and that the appellant had also undergone almost 111/2 years of the sentence and that he had made a confession before the SSP which showed his remorse it was appropriate that the sentence be reduced to that already undergone.;