RAJA @ AYYAPPAN Vs. STATE OF TAMIL NADU
SUPREME COURT OF INDIA
Raja @ Ayyappan
STATE OF TAMIL NADU
Click here to view full judgement.
S.ABDUL NAZEER,J. -
(1.)The Court convened through Video Conferencing. :- This criminal appeal filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short 'the TADA Act') is directed against the judgment and order dated 04.12.2009 passed by the Presiding Judge, Designated Court No.2, Chennai, in Calendar Case No. 1/2007, whereby the Designated Court has convicted the appellant and sentenced him to undergo rigorous imprisonment for 2 years under Section 120-B IPC and 5 years each under Section 120-B IPC read with Section 3(3) and 4(1) of the TADA Act and under Section 120-B IPC read with Section 5 of Explosive Substances Act, 1908 and all the sentences imposed were ordered to be run concurrently.
(2.)The case of the prosecution in brief is that during June 1988, the absconding accused, Ilango @ Kumaran @ Ravi @ Santhosh and Suku @ Sukumaran @ Kumar, had formed an organization at Trichy under the name 'Tamilar Pasarai', with the object of achieving separate Statehood for Tamil Nadu and to blast Central and State Government buildings with bombs with a view to overawe the Government established by law. The appellant herein and 13 other accused have enrolled themselves in the said organization and they entered into a criminal conspiracy during June 1988 to commit an illegal act and to blast the State Government building in the Secretariat by name 'Namakkal Kavignar Maligai' and in furtherance of the said conspiracy, Suku and Shanmuga Sundaram had undergone a course in electronics at Tamil Nadu Advanced Technical Institute, Trichy, and learnt the mechanism for devising electronic timer, to be used in the time bombs to be manufactured by them.
(3.)The further case of the prosecution is that during September 1990, the above said Suku had brought electronic printed circuit board, integrated circuit switches, resisters and directed Shanmuga Sundram to device electronic timer device, to be attached to time bomb. The appellant, along with two other accused, wrote slogans in the paper (MO-7) hailing 'Tamilar Pasarai' and kept it near the time bomb on 22.09.1990. The bomb was to be blasted by another accused, namely, Sukku, in a jerrycan (MO-1) containing explosives with timer devices (MO-6), near Namakkal Kavignar Maligai on 22.09.1990. The bomb was noticed before its explosion at about 6.45 a.m. by the Head Constable, G.M. Rajendran (PW-1), attached to Armed Reserves, Madras, and the said bomb was subsequently defused. Thereafter, information was given by PW-1 to the Assistant Commissioner, in-charge of the Fort Police Station, who handed over the investigation to Parthasarathy (PW-21), the then D.S.P., who registered the case initially under Section 4 of the Explosive Substances Act, 1908 and under Sections 2-F(d)(1) and (2) read with Section 13 of the Unlawful Activities (Prevention) Act, 1967. Subsequently, during the course of investigation, the charges were altered against the accused under Section 120-B IPC read with Sections 3(3) and 4(1) of TADA Act and under Section 5 of the Explosive Substance Act, 1908.
Copyright © Regent Computronics Pvt.Ltd.