Bisheshwar Prasad Singh, J. - (1.)This appeal has been preferred by Ravindra Shantaram Sawant (hereinafter referred to as accused No. 1) against the judgment and order of the Designated Court at Brihan, Mumbai in TADA Special Case No. 31 of 1994.
(2.)Accused No. 1 was tried for various offences under the Indian Penal Code ; Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the "TADA") and under the Arms Act.
(3.)Accused No. 1 was put up for trial along with two others, namely Nagesh Vishnu Mohite (for short accused No. 2) and Arun Gulab Gavli (for short accused No. 3). The fourth accused, namely Sada Pawale could not be put up for trial, as he remained absconding. Accused No. 1 has been sentenced to life imprisonment under Section 3(2)(ii) of TADA and has also been directed to pay a fine of Rs. 5,000/- in default of payment of fine, to undergo six months rigorous imprisonment. He has also been sentenced to life imprisonment and to pay a fine of Rs. 500/- and in default to undergo one month's rigorous imprisonment each under Sections 5 and 6 of TADA. He has also been found guilty of the offence under Section 25(1-B)(a) of the Arms Act and sentenced to three years' rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine, to undergo rigorous imprisonment for one month. Similarly, he has been found guilty of the offence under Section 27 of the Arms Act and sentenced to suffer rigorous imprisonment for seven years and a fine of Rs. 500/-, in default to undergo one months rigorous imprisonment. He has also been found guilty of the offence under Section 307, IPC for attempting to commit the murder of the victim Ashwin Naik, ASI Gangadhar Bhau Waghchaure, PW 4 and two other constables, namely Dayanadeo Bhagyawan Nikam, PW 6 and Sanjay Shankar Bingardive, PW 3 and has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo rigorous imprisonment for one month. He has been also found guilty of the offence under Section 333, IPC and sentenced to ten years rigorous imprisonment and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for one month. All the substantive sentences have been directed to run concurrently. Accused No. 1 has however, been acquitted of the charges under Sections 120B IPC and 3(5) of TADA. The remaining two accused had been acquitted of all the charges levelled against them.