- (1.) In this appeal under S. 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the "TADA Act") the appellants question their conviction for offences punishable under S. 302 read with Ss. 149, 307 read with Ss. 149, 352, 379 of Indian Penal Code, 1860 (in short "the IPC"), S. 27 of the Arms Act, 1959 (in short "the Arms Act") and S. 3(2)(i) of the TADA Act as done by the Sessions Judge, Jahanabad-cum-Special Judge, TADA.
(2.) Twenty persons faced trial for alleged commission of various offences punishable under IPC, TADA Act and Arms Act. Two of them (i.e. A-8 and A-9) died during trial. Two other accused persons were held to be juveniles within the meaning of Juvenile Justice Care Protection of Children Act, 2000 (in short "the Juvenile Act"). It was held that they were entitled to the benefit under the said Act. Each of the convicted accused-appellants was given life imprisonment for the offences punishable under S. 302 read with S. 149, I.P.C. and S. 3(2)(i) of the TADA Act in addition to 7 years and one year custodial sentence imposed for the offence relatable to S. 307 read with Ss. 149 and 353, I.P.C. respectively. No separate sentence was imposed for the offence relatable to S. 379, I.P.C. and S. 27 of the Arms Act.
(3.) Prosecution version as unfolded during trial is as follows : According to the First Information Report (Ext. 4) lodged on 27-11-1988 Sri Rasid Imam (hereinafter referred to as "deceased") the officer-in-charge of Arwal Police Station on receiving information about assemblage of extremists at village Bhadasi in the house of acquitted accused Vakil Ram, with police revolver and other ammunitions looted from the police giving rise to Arwal P.S. Case No. 174/88 and their plan to attack their adversaries to kill them, formed a raiding party with the other police officials including Sub-Inspector Mohan Singh, the Informant (P.W. 12), Sub-Inspector Gajadhar Chaubey (P.W. 22), Assistant Sub-Inspector S. N. Pandey (P.W. 11), Constable Ram Binay Singh (P.W. 9), Constable Amul Kumar Singh (P.W. 10), Constable Md. Najim (P.W. 8), Constable Babu Mahto (P.W. 5) and others. He also requisitioned additional force from Kishan Bhavan, Baidrabad. After entering the information in the station diary he proceeded to village Bhadasi. On the way he met another police official Irshad Ahmed who was going to see the DSP. He was asked by the deceased to inform the DSP in regard thereto. On reaching Nahanabad, more additional force consisting of Hridyanand Puri (P.W. 17), Babu Lal Manjhi (P.W. 18) and others reported to him. At about 11.30 a.m. on reaching village Bhadasi, the police party proceeded towards the house of acquitted accused-Vakil Ram along with Sant Prakash (P.W. 3) and Jitendra Prasad (P.W. 4) by observing the required procedures. On reaching the house of Vakil Ram, the deceased posted some police personnel with Sub-Inspector Gajadhar Choudhary at the gate of the house, and sent another section of force with S. N. Pandey towards eastern northern direction. The deceased along with others on entering the house saw 20-25 persons there. On seeing the police party accused-Mukaiya Shah Chand of Bhadasi (A-1) directed others to bring rifles and carbines and to kill the police party, whereupon the accused persons started firing by going inside a room. As a result of the firing, Constable Amul Kumar Singh (P.W. 10) was hit on his left side of the body. In spite of the injury, said Amul Kumar Singh (P.W. 10) fired one round, but fell on the ground. One of the extremists snatched his rifle who was shot at by firing made by Babu Mahto (P.W. 5). Again while one of the extremists attempted to flee away with the rifle, the deceased snatched it after chasing him. But in between the extremist had made firings as a result of which the deceased died at the spot.;