AHMED HUSSEIN VALI MOHAMMED SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL the above appeals were filed before this Court under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "the TADA Act") against the order dated 21.10.2002 of the Designated Court at Ahmedabad in TADA Case Nos. 8/1993, 144/1993, 2/1996, 4/1996 and 38/1996 whereby the learned Judge convicted the appellants under Section 302 read with Section 120-B I.P.C., Sections 25(1)(c) and 27 of the Arms Act and Section 5 of the TADA Act and sentenced them under different counts of punishment including life imprisonment.

(2.) THE brief facts leading to the filing of the present appeals are as follows: According to the prosecution, on 03.8.1992, the accused formed an unlawful assembly and conspired together along with the absconding accused Sharifkhan, Resulkhan, Aminkhan Mojkhan and Imtiyaz and launched an attack on the deceased Hansraj Shivgopal Trivedi and other persons who were with him. In pursuance of the same, nine persons were killed and three persons were injured by indiscriminate firing resorted to by the appellants/accused with revolvers and automatic guns) Accused Nos. 1,2,3,4 and 20 went to Radhika Gymkhana near Gauri Cinema, Odhav on 03.08.1992 in a Maruti Fronti Car. Accused No. 1, Liyakathussein and absconding accused Sharifkhan fired on Hansraj and other seven persons resulting in their death) Both of them also resorted to indiscriminate firing on the witnesses Vrujlal and Mohan Meghnath which caused serious injuries to them. Accused No. 25 - Abdul Latif Abdul Wahab Shaikh, who was the gang leader, was accompanied by Accused Nos.26 - Sabbirhussein Husseinmiya Shaikh, and 27 - Tajammulhasan Alihasan Ansari, with a view to get rid of Hansraj) THE complaint was given by Laxmansinh Madansinh Bhadoria on 3.8.1992 in the Odhav Police Station bearing 1-CR No. 254 of 1992. On the strength of the complaint, various offences were registered against the accused persons. THE accused persons were arrested by the police and after submission of charge- sheet, necessary charges were framed by the Trial Court. On 21.12.1992, after conducting the trial in which 62 witnesses were examined by the prosecution and 139 documents were exhibited including the confessional statements of various accused, the Designated Judge convicted the accused under various sections of the I.P.C., Arms Act and TADA Act. In addition to the sentence, the Designated Judge also directed the accused persons to pay fine separately. All the sentences were ordered to run concurrently. Aggrieved by the conviction and sentence imposed by the Designated Judge, Ahmedabad, the appellants filed the above appeals before this Court.

(3.) ON the other hand, learned senior counsel appearing for the State while supporting the conviction and sentence imposed by the Designated Court submitted that, though, in some of the confessional statements, the certificate was not enclosed in clear terms, however, in view of the fact that recording officer has orally testified about the confessions of the accused and the defect, if any, is cured. He pointed out that most of the statements of the accused were accompanied by a certificate. Insofar as the confessional statements of Accused Nos. 27 and 28 are concerned, they were recorded post 1993 Amendment, hence, they can be used against the co-accused. He also pointed out that the prosecution has also relied on several other acceptable materials in support of their charge.