CHANDRASEKHAR SURESH CHANDRA BHATT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Section 19 of Terrorists and Disruptive Activities Act (in short 'tada'). Four persons were convicted by a designated court, first among them was of the offences under Sections 307 and 399 of the Indian Penal Code. The remaining appellants were convicted under Section 399 of the Indian Penal Code alone. The first appellant was sentenced to imprisonment for ten years on the first count and all the appellants were given the sentence of rigorous imprisonment for seven years in respect of the latter count. As a charge framed against thorn included offence under TADA it was tried before the designated court as per the provisions of TADA.

(2.) The case of the prosecution was this: A gang of dacoits including the appellants determined to make a strike during the night of 1.5.1995 on the residence of an industrialist by name, Govind Damodar Kelkar (he is said to be one of the proprietors of an industry by name, S. H. Kelkar and Company) , to loot the residents and to kidnap him to keep him for ransom for knocking off a huge sum of Rs. 20. 00 crores. The police had sleuth information regarding the planned operation and, therefore, they formed a raiding party for outwitting the dacoity attempt. One of the police party was sent in the guise of a tea peddler and the remaining police party took different places in anticipation of the arrival of the dacoits. The police party was headed by Inspector Naik (before he could be examined in court he died in a motor accident). After midnight the dacoits came in two motor cars and reached the particular spot. The dacoits alighted from both the cars and then Public witness. 2 -Sub-inspector who was in the guise of a tea-peddler went towards them offering tea. They declined the offer for supply of tea. But Public witness. 2 passed the pre-determined signal to the other police officers who immediately emerged from concealment and over-powered the said operation. First appellant, Chander Shekhar Bhatt fired his pistol at the chest of Inspector Naik. But he escaped as he was then wearing a bullet in the vestment, but did not go further forward. All the dacoits were caught except one Shekhar Anna Sonnappa Hegade who escaped from being caught.

(3.) A pistol was recovered from first appellant and a revolver was recovered from second appellant for which a panchnama was prepared. The bullet embedded in the vestment worn by Inspector Naik was taken out at the police station for which also a panchnama was prepared.