- (1.) THIS appeal is under S.19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short "TADA"). The three appellants were tried by the Designated Court at Ajmer for offences under TADA and after a long-drawn-out trial convicted them under S.3(3) and also under S.4(1) of TADA. Appellant Sukhchain Singh is sentenced to undergo rigorous imprisonment for three years under the two counts while appellant Jarnail Singh was sentenced to rigorous imprisonment for four years on the first count and three years on the second count. Appellant Hakim Singh has been sentenced to rigorous imprisonment for five years on the first count and three years under the second count. The fourth accused Mil Singh was found not guilty of any offence and was acquitted.
(2.) THE gist of the case against the appellants is the following: They together pasted wall posters (on the night of 19-5-1987) on the wall of one Jugraj Singh's compound in Village Dhanor (Ganganagar District, Rajasthan). PW 16 Ram Pal, Station House Officer arrested the three appellants on 29-5-1987. On the strength of the information elicited from them, copies of the wall posters were recovered from the places shown by them. They were charge-sheeted for the aforesaid offences on completion of the investigation. The prosecution examined 16 witnesses out of which a number of witnesses turned hostile. The defence also examined a number of witnesses. The appellants denied having participated in the activities alleged by the prosecution, when they were examined under S.313 of the Code of Criminal Procedure.
(3.) THE Judge of the Designated Court, by a very lengthy judgment, entered upon findings against the appellants on the disputed points and convicted them and sentenced them as aforesaid.;