- (1.)These appeals are filed by the convicted accusedappellants as they are aggrieved by the conviction and sentences awarded to them by the Special Court (POTA), and confirmed by the High Court of Gujarat for the offences punishable under the provisions of the Indian Penal Code, 1860 (hereinafter 'IPC'), the Arms Act, 1959, the Explosive Substances Act, 1908 and the Prevention of Terrorism Act, 2002 (hereinafter 'POTA') as per list in para 2 below, for the attack on the Akshardham temple in Gandhinagar between the afternoon of 24.09.2002 and early morning of 25.09.2002, wherein 33 people were killed and more than 85 people were injured.
(2.)The following list outlines the charges against each of the accused and the conviction and sentences meted out to them by the Special Court (POTA), Ahmedabad, and upheld by the High Court of Gujarat. Accused no.1 is not in appeal before us. The appellant nos. 1-5 before us will hereinafter be referred to as per their position as accused i.e A-2 to A-6. Appellant no.4, Abdullamiya Yasinmiya Kadri (A-5) has already undergone 7 years out of the 10 years of sentence awarded by the learned Judge, Special Court (POTA) and by order dated 03.12.2010, this Court directed him "to be released to the satisfaction of the trial court." The following list outlines the charges, conviction and sentences awarded to each of the accused-appellants.
All the accused persons had been charged with offences under the following sections by the learned Judge, Special Court (POTA):

1.Section 120B of the IPC.

2.Section 120B of the IPC read with Sections 121, 123, 124A, 153A, 302 and 307 of the IPC.

3. Section 120B of the IPC read with Sections 25(1AA) 27 and 29 of the Arms Act.

4. Section 120B of the IPC read with Sections 3, 4 and 6 of the Explosive Substances Act.

5. Section 120B of the IPC read with Sections 3(1)(a) and (b), 3(3), 4, 20 and 21(2) (b) of the POTA.

6. Additionally, A-2 had been charged with offence under Section 452 of the IPC (for entering Akshardham illegally).

7. Additionally, A-6 had been charged under Section 135(1) of the Bombay Police Act, 1951 (for illegally possessing arms and explosives despite notification, in force, issued by Gandhinagar District Police Official).

The Special Court (POTA) framed the aforesaid charges and convicted and sentenced the accused persons as per nature of offences detailed hereunder:

Altaf Malek (hereinafter 'A-1')

* Gathered the Indian Muslims who had gone to Saudi Arabia.

* Associated with banned organizations like Lashkar-e-Toiba.

* Collected funds from Jaish-e-Mohammed. Convicted and sentenced under:

Section 22 (1) of POTA. Rigorous Imprisonment for 5 years with a fine of Rs.5,000/- and in default of payment of fine, simple imprisonment for 6 months. He was acquitted of rest of the charges. Adambhai Ajmeri (hereinafter 'A-2')

* Talked to locals to get idea about city, and to get idea about lodging etc. They took him to A-4 and A-5.

* Received money through Havala.

* Meeting on 24.06.2002 with witness at G Royal Hotel, Hyderabad. Absconding accused gave him Rs 3,500

* Picked up the two assailants (hereinafter referred to as the 'fidayeens') from the railway station and gave them shelter.

* Moved around in an auto rickshaw and showed the fidayeens places around the city, where strikes could be done and also arranged for their night stay at his brother's place.

* Was present at Akshardham at the time of the incident and exited when the firing started.

Convicted and sentenced under:

Section 3 (3) of POTA- Life imprisonment and a fine of Rs.10,000/- and in case of default, simple imprisonment for 2 years.

Section 3 (3) read with Section 5 of POTA Rigorous imprisonment for 10 years and a fine of Rs.5,000/- and in case of default, simple imprisonment for 1 year.

Section 22 (2) (a) and (b) of POTA - Rigorous imprisonment for 10 years and fine of Rs.20,000/- and in case of default, simple imprisonment for 1 year.

Section 120B IPC read with Section 4 of Explosive Substances Act - Rigorous imprisonment for 10 years and fine of Rs.10,000/- and in case of default, simple imprisonment for 2 years.

Section 120B IPC read with Sections 3 and 6 of Explosive Substances Act - life imprisonment and fine of Rs.20,000/-.

Section 120B IPC read with Section 302 IPC Death penalty (hanging by neck till death) and fine of Rs.25,000/-.

Section 120B IPC read with Section 307 IPC life imprisonment and fine of Rs.20,000/- and in case of default, simple imprisonment for 1 year.

Section 120B IPC read with Section 27 of Arms Act- Rigorous imprisonment for 7 years and fine of Rs.10,000/- and in case of default of fine, simple imprisonment for 1 year.

The accused was acquitted of the rest of the charges.

Mohammed Salim Hanif Sheikh (hereinafter 'A-3')

* Gathered Indian Muslims working in Saudi Arabia at his home and showed them instigating videos.

* Is a member of Jaish-e-Mohammed and Lashkar-e- Toiba.

* Made instigating speeches with the intention of endangering the unity and integrity of India.

* Became a member of Jaish-e-Mohammed and took funding from them.

Convicted and sentenced under:

Section 3 (3) of POTA- Life imprisonment and a fine of Rs.10,000/- and in case of default, simple imprisonment for 2 years.

Section 3(3) read with section 5 of POTA, Rigorous imprisonment for 10 years and a fine of Rs.5,000/- and in case of default, simple imprisonment for 1 year.

Section 20 of POTA - Rigorous imprisonment for 5 years and fine of Rs.20,000/- and in case of default, rigorous imprisonment for 1 year.

Section 21 (2) (b) of POTA - Rigorous imprisonment for 10 years and a fine of Rs.10,000/- and in case of default, simple imprisonment for 1 year.

Section 22 (1) (a) of POTA - Rigorous imprisonment for 10 years and a fine of Rs.20,000/- and in case of default, simple imprisonment for 2 years.

Section 120B IPC read with Section 4 of Explosive Substances Act - Rigorous imprisonment for 10 years and a fine of Rs.10,000/- and in case of default, simple imprisonment for 2 years.

Section 120B IPC read with Sections 3 and 6 of Explosive Substances Act - life imprisonment and fine of Rs.20,000/-.

Section 120B IPC read with Section 302 IPC life imprisonment till his natural life (till he is alive) and a fine of Rs.25,000/-.

Section 120B IPC read with Section 307 IPC life imprisonment and fine of Rs.20,000/- and in case of default, simple imprisonment for 1 year.

Section 120B IPC read with Section 121A IPC Rigorous imprisonment for 10 years and a fine of Rs.5,000/- and in case of default, simple imprisonment for 1 year.

Section 120B IPC read with Section 153A IPC Rigorous imprisonment for 3 years and a fine of Rs.5,000/- and in case of default, simple imprisonment for 6 months.

Section 120B IPC read with Section 27 of Arms Act, Rigorous imprisonment for 7 years and a fine of Rs.10,000/-, and in case of default, simple imprisonment for 1 year.

The accused was acquitted of the rest of the charges.

Abdul Qaiyum Muftisaab Mohmed Bhai (hereinafter 'A-4')

* Gave shelter to the fidayeens.

* Wrote the two Urdu letters recovered from the fidayeens, which spoke of instigating violence and atrocities and communal riots.

Convicted and sentenced under:

Section 3 (3) of POTA- Life imprisonment and a fine of Rs.10,000/- and in default of payment, simple imprisonment for 2 years.

Section 3 (3) read with section 5 of POTA - Rigorous imprisonment for 10 years and a fine of Rs.5,000/- in default of payment of fine, simple imprisonment for 1 year.

Section 120B IPC read with Section 4 of Explosive Substances Act - Rigorous imprisonment for 10 years and a fine of Rs.10,000/- in default of payment of fine, simple imprisonment for 2 years.

Section 120B IPC read with Sections 3 an 6 of Explosive Substances Act - life imprisonment and a fine of Rs.20,000/-, in default of payment of fine to recover the amount in accordance with law.

Section 120B IPC read with Section 302 IPC Death penalty (hanging by neck till death) and a fine of Rs.25,000/- in default of payment of fine to recover the amount in accordance with law.

Section 120B IPC read with Section 307 IPC life imprisonment and fine of Rs.20,000/- in default of payment of fine, a simple imprisonment for 1 year.

Section 120B IPC read with Section 153A IPC Rigorous imprisonment for 3 years and a fine of Rs.5,000/- in default of payment of fine, a simple imprisonment for 6 months.

Section 120B IPC read with Section 27 IPC of Arms Act, Rigorous imprisonment for 7 years and a fine of Rs.10,000/-, in default of fine a simple imprisonment for 1 year.

Section 120B IPC read with Section 121A IPC Rigorous imprisonment for 10 years and a fine of Rs.5,000/- in default of payment of fine, a simple imprisonment for 1 year.

The accused was acquitted of the rest of the charges.

Accused-5 Abdullamiya Yasinmiya (hereinafter 'A-5')

* Member of Jaish-e-Mohammed and Lashkar-e-Toiba.

* Gave shelter to the fidayeens.

* Dropped them near Kalur Railway Station, had also put them in an ambassdor car to take them to the temple.

Convicted and sentenced

Section 3 (3) of POTA- Rigorous imprisonment for 10 years and a fine of Rs.10,000/- and in default of payment, simple imprisonment for 2 years.

The accused was acquitted of the rest of the charges.

Accused-6 Chand Khan (hereinafter 'A-6')

* Met the dead terrorists, also bought an ambassador car worth Rs 40,000 and made secret compartment for storing weapons and explosives.

* Came from Ahmedabad to Bareilly with explosives, moved the fidayeens in an auto, and helped to transfer the weapons.

* Received Rs 30,000/- from Zuber (a dead terrorist, killed in a separate encounter) Convicted and sentenced under:

Section 3 (3) of POTA- Life imprisonment and a fine of Rs.10,000/- in default of payment of fine, simple imprisonment for 2 years.

Section 3 (1) of POTA, life imprisonment and a fine of Rs.25,000/- in default of payment of fine, the same shall be recovered in accordance with law.

Section 3 (3) read with Section 5 of POTA, Rigorous imprisonment for 10 years and fine of Rs.5,000/- in default of payment, simple imprisonment for 1 year.

Section 120B IPC read with Sections 3 an 6 of Explosive Substances Act - life imprisonment and a fine of Rs.20,000/-, in default of payment of fine to recover the amount in accordance with law.

Section 120B IPC read with Section 4 of Explosive Substances Act - Rigorous imprisonment for 10 years and a fine of Rs.10,000/- in default of payment of fine, simple imprisonment for 2 years.

Section 120B IPC read with Section 302 IPC Death penalty (hanging by neck till death) and a fine of Rs.25,000/- in default of payment of fine to recover the amount in accordance with law.

Section 120B IPC read with Section 307 IPC life imprisonment and fine of Rs.20,000/- in default of payment of fine, simple imprisonment for 1 year.

Section 120B IPC read with Section 25 (1AA) of Arms Act - rigorous imprisonment for 7 years and a fine of Rs.10,000/-, in default of fine a simple imprisonment for 2 years.

The accused was acquitted of the rest of the charges.

(3.)The aforesaid sentences imposed upon each accused person were ordered to run concurrently. The accused persons were allowed to set off the sentences for the time spent in custody, wherever applicable.
Various sentences of rigorous imprisonment, life imprisonment and death sentence as detailed in the list above were passed against the accused persons by the Special Court (POTA) in POTA case No. 16 of 2003 by the judgment dated 01.07.2006, which was affirmed by the High Court of Gujarat at Ahmedabad by the impugned judgment and order dated 01.06.2010 in Criminal Confirmation Case No. 2 of 2006 along with Criminal Appeal Nos. 1675 of 2006 and 1328 of 2006.