BHARATBHAI JIMI PREMCHANDBHAI Vs. STATE OF GUJARAT
LAWS(SC)-2002-10-90
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on October 03,2002

Bharatbhai @ Jimi Premchandbhai Appellant
VERSUS
STATE OF GUJARAT Respondents





Cited Judgements :-

R K SANGWAN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2007-9-178] [REFERRED TO]
MUKESH DOLATRAM HARJANI VS. STATE OF GUJARAT [LAWS(GJH)-2006-4-48] [REFERRED TO]
AHMED HUSSEIN VALI MOHAMMED SAIYED VS. STATE OF GUJARAT [LAWS(SC)-2009-5-211] [REFERRED TO]
MOHAMAD IQBAL FAROOQ SHEIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-9-60] [RELIED ON]
D RAJANGAM VS. STATE [LAWS(MAD)-2006-11-322] [REFERRED TO]
SWATANTER PAL AND OTHERS VS. JANAK AND ANOTHER [LAWS(P&H)-2013-9-532] [REFERRED TO]
HARDEEP SINGH SOHAL VS. STATE OF PUNJAB THROUGT CBI [LAWS(SC)-2004-9-157] [REFERRED TO]
STATE OF MAHARASHTRA VS. FAZAL REHMAN ABDUL [LAWS(SC)-2013-3-46] [REFERRED TO]
PADMA LOCHAN DAS AND ORS. VS. STATE OF ORISSA [LAWS(ORI)-2008-9-56] [REFERRED TO]
TANAJI S/O NARAYAN SATHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-5-6] [REFERRED TO]


JUDGEMENT

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.


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