Y. K. Sabharwal, J. -
(1.)Deceased Raghunath Yadav was convicted and sentenced by the Sessions Court at Varanasi for the murder of father of Brijesh Singh-who is one of the absconding accused in the present case. While on bail in appeal, Raghunath Yadav, apprehending danger to his life, came to reside at Mehsana in the State of Gujarat. On 14th June, 1992, Raghunath Yadav was murdered at Mehsana.
(2.)In TADA case Nos. 1, 2, 3 and 7 of 1996, twelve accused were tried by the Designated Judge, Ahmedabad for offences under Sections 302, 397, 307, 120B, I. P. C. Sections 3(1), 3(3), 3(4) and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA Act') and under S. 25(1)(a) and (b) of the Arms Act.
(3.)The charge-sheet against accused Nos. 1 to 3 was filed on 6th April, 1993, against accused Nos. 4 to 6 on 1st July, 1994, against accused Nos. 7 to 11 on 15th April, 1996 and against accused No. 12 on 26th November, 1996. The charges were that the accused persons and the absconding accused-Sharifkhan Azizkhan Pathan, Daud Ibrahim Meman, Brijeshsinh Bholansinh, Radayanarayansinh alias Harinarayansinh alias Bhulansinh Thakur, Unita Prajapati, deceased accused Sunil Savat and Abdullatif Abdul Vahab Shaikh had hatched a conspiracy to commit murder of Raghunath Yadav and thereby, committed criminal acts punishable under Section 120-B of the Indian Penal Code; as per the above conspiracy on 14th June, 1992, accused Nos. 1, 3, 4, 8, 9 and the absconding accused Radayanarayansinh alias Harinarayansinh alias Bhuvansinh Thakur and Brijeshsinh Bhuvansinh alias Ravinathsinh Thakur had gone to S. T. Bus Stand, Mehsana and after obtaining information about the identification of the deceased as a part of the conspiracy made firing with the pistol and caused murder of Raghunath Yadav and created an atmosphere of terror and fear at the said place and then fled away in the vehicles and, thus, committed offences punishable under Section 302 read with Section 120-B, I. P. C. and under Sections 3(1) and 3(3) of TADA Act read with Section 120-B, I. P. C., while fleeing away from Mehsana after firing and committing murder as aforesaid, Police Sub-Inspector, -ala who tried to arrest the accused was fired at by the accused causing him injuries and had run away taking the Government Maruti Gypsy with them and, thus, committing offence punishable under Sections 307, 120-B, I. P. C. and under Sections 3(1), 3(3), and 5 of the TADA Act read with Section 120-B, I. P. C. and Section 397 read with Section 120-B, I. P. C.