STATE OF UTTAR PRADESH Vs. SAHAGURAM ARYA

JUDGEMENT

(1.) During the wee hours on 2-11-1989 a shuddering bomb explosion took place at J.J. Colony in Shakurpur (Delhi). Three persons died in the explosion almost instantaneously and 19 others were injured, some of them very seriously. The impact of the explosion was such that four adjoining multi-storeyed houses collapsed. The investigating agency concluded that the explosion was the aftermath of stalking bombs in the house of the appellant which was done by himself in association with one of the victims (Babu Khan) and some others including the co-accused. They further found that there was a criminal conspiracy to manufacture explosive bombs to be used on an appropriate occasion.

(2.) The appellant-Shamsher Khan was one of the four persons arraigned before a Designated Court constituted under Terrorists and Disruptive Activities (Prevention) Act, 1987 ('TADA' for short). They were charged for offences under Ss. 304, 308 and 120-B of the Indian Penal Code besides S. 5 of the TADA and S. 4(b) of the Explosive Substances Act. Appellant alone was convicted of all the offences and the rest of the accused were acquitted by the trial Court. On the first count he was sentenced to rigorous imprisonment for 10 years for the offence under TADA and the Explosive Substances Act. He was sentenced to undergo rigorous imprisonment for 7 years. For S. 308, I.P.C. he was sentenced to undergo rigorous imprisonment for 5 years. Apart from the aforesaid substantive sentences fine has also been imposed on the various counts. This appeal has been filed by the appellant as of right under S. 19 of TADA.

(3.) According to the prosecution, appellant enlisted the other persons for the purpose of manufacturing bombs to arm themselves to make onslaught on the members of another community. The background was that a procession was staged by an organisation called Bajrang Dal a few days earlier calling out slogans some of which were so inflammable that they instilled fear in the mind of the appellant that unless he and his companions arm themselves with lethal weapons they might be victims of an attack. The appellant first contacted P.W. 2 Shahabuddin for securing the services of Babu Khan who knew how to manufacture bombs. After acquiring the necessary equipment and materials Shahabuddin's house was selected as the venue for manufacturing bombs. But the task could not be carried out at that house on account of the forceful resistance offered by Shahabuddin's wife Hasina (P.W. 22) and thereupon the venue was shifted to the house of the appellant. Babu Khan manufactured bombs and stored them in that house. One of those bombs (or more than one) got exploded at about 3.00 a.m. on 2-11-1989 resulting in the catastrophe mentioned above.