G. P. Mathur, J. - (1.) This appeal has been preferred against the judgment and order dated 30-3-2001 of the Designated Judge (TADA), Meerut by which the appellant has been convicted under S. 5 of Terrorist and Disruptive Activities (Prevention) Act (for short "TADA") and has been sentenced to 5 years R. I. and a fine of Rs. 1,000/- and in default to undergo one month R. I.
(2.) The case of the prosecution, in brief, is that at about 7.45 p.m. on 26-1-1993, some miscreants hurled bombs at a police picket near Veterinary Hospital, Hapur Road, Meerut in which several security personnel received injuries and N. K. Mahender Prasad Sharma died. An FIR of the incident was lodged at 10.15 p.m. on the same night at P. S. Civil Lines, Meerut and a case was registered under Ss. 147/148/307/302, I. P. C. and Ss. 4 and 5 of TADA. Some persons including Jabbar, Ayyub and the appellant Salim Akhtar alias Mota were arrested in connection with the aforesaid case and subsequently were taken on police remand. While in custody of the police, they made disclosure statements of having concealed some weapon, bomb and explosive material. Accordingly, in the morning of 24-3-1993, Inspector N. P. Rai of P. S. Lalkurti took the aforesaid persons to the place where according to their disclosure statement they had concealed the incriminating material. Inspector Shri Narayan Tripathi of P. S. Lisari Gate, some police personnel and two public witnesses namely, Anuj Kaushik (PW 3) and Vipin also accompanied them. The appellant-Salim Akhtar alias Mota (A-1) took them to a place by the side of Mansoor Denting Works on the road going to Lakkhipura. He took out a polythene bag from inside the mud which contained one pistol, cartridges, a moosli bomb and RDX weighing 1 kg. A recovery memo of the recovered articles was prepared on the spot and Anuj Kaushik (PW 3), who is a photographer and who had accompanied the police party, also took photographs of the recovery. From there, the police party went to a place near Agarwal Tubewell on the same road and from there accused Ayyub (A-2) took out a polythene bag from inside the mud which contained 1 kg. RDX. Thereafter, accused Jabbar (A-3) took the police party towards South-West of the grove of Shri Kripal Singh near a kachcha rasta and dug out a polythene bag which contained a factory made hand grenade. Recovery memos of the articles recovered on the pointing out of A-2 and A-3 were also made. An FIR of the incident relating to recoveries made at the instance of the accused was lodged at 12.30 p.m. on 24-3-1993 at Police Outpost Pillokhari and the recovered articles were dispatched to PS Lisari Gate. S. P. Sharma, SHO, PS Lisari Gate took over investigation of the case on 27-3-1993. He prepared site plans (Ext. Ka 4 to Ext. Ka 7) of the places of recoveries, obtained diffusion report from Shri Satish Kumar and sent the recovered material to Forensic Science Laboratory, Agra for expert opinion. After concluding the investigation, he obtained sanction from the District Magistrate, Meerut, for prosecution of the accused under Arms Act and Explosive Substances Act and also from Inspector General of Police for their prosecution under TADA and thereafter submitted charge-sheet against the three accused.
(3.) The Designated Judge, Meerut, took cognizance of the offences and framed charges under Section 25 of the Arms Act, Section 5 of the Explosive Substances Act and Section 5 of TADA against the three accused. The prosecution in support of its case examined 12 witnesses and filed some documentary evidence. The articles recovered were also produced in Court. The appellant-Salim Akhtar alias Mota in his statement under S. 313, Cr. P. C. denied the case of the prosecution and stated that the police had arrested him on 26-2-1993 when he was going to offer Namaz. He was detained in the police station for several days and was produced in Court on 12-3-1993 and during this period he was also beaten in the poilce station. He examined 5 witnesses in his defence. The other accused, namely, Ayyub (A-2) and Jabbar (A-3) also denied the prosecution case. The learned Sessions Judge (Designated Court) believed the prosecution case and convicted and sentenced all the three accused. However, only Salim Akhtar alias Mota has preferred appeal against his conviction and sentence. The remaining two accused, namely A-2 and A-3 have not challenged their conviction and sentence probably on account of the fact that their conviction under S. 302 and 307, I. P. C. and sentence of imprisonment for life imposed thereunder in the case relating to throwing of bomb on police picket has been upheld up to this Court and they are undergoing sentences in the said case.;