MOHAMMAD ASLAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A designated court convicted these two appellants, who were arraigned in that court as A-1 and A-7, along with other accused for different offences. A- 1- - Mohmed Aslam (@ Sheru Mohd. Hasan) has been convicted under Section 5 of the Terrorist and Disruptive Acivities (Prevention) Act, 1987 (hereinafter referred to as 'the TADA') besides under Sections 25 (1-A) and 25 (1b) (a) of the Arms Act. He was sentenced to undergo rigorous imprisonment for 10 years under the first two counts each, besides fine, with a direction that sentence of imprisonment under each count will run concurrently. He filed Criminal Appeal No. 613 of 1999. A-7 - Adam Gafoor Shaikh @ Adam Toofani was convicted under Section 302 of the Indian Penal Code and has been sentenced to life imprisonment. He was also convicted under Section 5 of the TADA besides under Sections 25 and 27 of the Arms Act for which he was sentenced to varying terms of imprisonment which are lesser in duration. He filed Criminal Appeal No. 949 of 1999.

(2.) On 24.2.1994 at 8.15 p. m. one Amar Bhaskar Suvarna was shot dead in front of Trishna Restaurant at Kala Gohda (near the High Court of Mumbai). Then Public witness -3 - Cyrus was also present. A-1 was arrested on 6.10. 1994 and on the strength of the information elicited from him one semi-automatic US Carbine magazine along with 113 cartridges were recovered from his own house at Mumbai. A-7 was arrested in March, 1995. Confessional statements were recorded under Section 15 of the TADA from both the appellants.

(3.) The designated court found that one of the assailants who fired the firearm at the deceased was A-7 and accordingly he was convicted under Section 302 of the Indian Penal Code besides other offences. While dealing with the case of A-7 - Adam Gafoor Shaikh @ Adam Toofani, we may record here that learned Counsel for the appellant frankly conceded that he is not disputing the fact that Amar Bhaskar Suvarna was shot dead in front of Trishna Restaurant around 8.15 p. m. on 24.2.1994. So, the limited question to be considered is whether A-7 was one of the assailants who shot him dead.