- (1.)The appellants in these two appeals were found guilty by the Designated Judge (TADA), Meerut, for the offences punishable under Section 3(1)( 2)(i) of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter called as the 'TADA Act') and also for offences punishable under Section 302 and Section 307 read with Section 34 of Indian Penal Code. The appellants were sentenced to udnergo imprisonment for life and a fine of Rs. 5,000/- under Section 3(1)(2)(i) of TADA and in default of payment of fine to undergo imprisonment for a period of one year. The appellants were sentenced to imprisonment for life and a fine of Rs. 5000/- and in default to undergo imprisonment for one year under Section 302 read with Section 34, I.P.C. The appellants were also sentenced to rigorous imprisonment of five years and a fine of Rs. 3,000/- under Section 307 read with Section 34, IPC and in default of payment of fine to undergo imprisonment of six months. The appellants were further found guilty and sentenced to imprisonment for a period of two years for the offences under Section 4 of the Prevention of Damages to Property Act, 1984.
(2.)The prosecution case against the two appellants was that on 26-1-1993 at about 7.45 p.m. the appellants came running to the police picket at Hapur Road, near Veterinary Hospital, Meerut and hurled bombs at the security personnel. A PAC company including the informant Platoon Commander, Ramvir Singh (PW 1), Head Constable Rohitash Singh and N.K. Mahender Prasad Sharma, Constable Pramod Kumar, Constable Desh Raj Singh (PW 2), Constable Atar Singh, Constable Rambir Singh, Constable Sarvesh Singh (PW 3) and Constable Sanjiv Kumar were posted at the said picket near the Veterinary Hospital, Meerut. The bombs hurled by the appellants exploded and Constable Pramod Kumar and three others sustained injuries. Constable Pramod Kumar and N.K. Mahender Prasad Sharma fired shots from their firearms, but the two appellants managed to escape from the scene. Government vehicles parked nearby were also damaged and the incident created a terror in the vicinity.
(3.)The Platoon Commandar Ramvir Singh (PW 1) took the injured to the hospital. Later, he gave a report before the Police Station, Civil Lines, Meerut. The F.I. Statement was recorded at 10.15 p.m. on 26-1-1993 whereafter Inspector Ranvir Pratap Singh, incharge of the Police Station (PW 38), took over the investigation. Injured N.K. Mahender Prasad Sharma died at the hospital and an inquest report was prepared by Sri B.R. Arya (PW 41). PW 4 Dr. Ramemder Singh conducted the post mortem examination. The Investigating Officer prepared the site plan of the place of occurrence. A dog was found lying dead on the spot. The remnants of exploded bombs were collected by the Investigating Officer. On 28-1-1993, PW 16, the Station Officer of P.S. Lisari Gate Meerut received secret information that the accused who was involved in the bomb blast at the PAC picket on 26-1-1993 was staying with one Ameer Hamza in Mohalla Kidwai Nagar. PW 16 Station Officer along with other police personnel raided the house of Ameer Hamza and found that the accused Abdul Jabbar lying on a cot with multiple injuries and one doctor by name Dr. Mohd. Imran was found treating him for the injuries. Appellant Abdul Jabbar was brought to the Police Station and this information was passed on to PW 15 Superintendent of Police (City), Meerut, and he was informed that appellant Abdul Jabbar was prepared to give a confession statement. Superintendent of Police (City), Meerut recorded the confession of the appellant Abdul Jabbar on 29-1-1993 and he was produced before the then Designated Judge. Meanwhile the other Appellant Ayyub surrendered before the Court on 1-3-1993 and expressed his willingness to make a confession statement. He was produced before PW 15 Superintendent of Police (City), Meerut. The Identification parade was held on 10-3-1993 and some of the witnesses identified both the appellants. After the completion of the investigation, charge-sheets were filed against these two appellants and five others who had allegedly committed the crime or helped the appellants in the commission of the crime.