ESHER SINGH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The matrix of these three appeals is a judgment rendered by the III Additional Metropolitan Session Judge, Hyderabad acting as the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the 'TADA').

(2.) Nine persons were alleged to be responsible for homicidal death of one Joga Singh (hereinafter referred to as the 'deceased'). Five of them faced trial and one of them Nishan Singh (A-3) died during the trial and therefore the case abated so far he is concerned. The accused persons who faced trial were Esher Singh (A-1), Nanak Singh Nishter (A-2), Nishan Singh (A-3), Dilbagh Singh (A-4) and Rajender Singh Dhingra (A-6). Ram Singh (A-9) absconded. Charge-sheet filed against A-1 to A-9 for offences punishable under Sections 120-B and 302 read with Section 120-B of the Indian Penal Code, 1860 (in short the "IPC"). Section 3(3) of TADA and Section 27 of the Indian Arms Act, 1959 (in short the 'Arms Act'), read with Sections 5 and 6 of TADA.

(3.) The trial Court found that accused Esher Singh, (appellant in Crl. A. No. 1363/2003) was guilty of offence punishable under Section 4 of TADA and while further holding that the other allegations were not established so far as appellant Esher Singh and other co-accused are concerned. Esher Singh was convicted as afore-noted and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- with default stipulation. While Esher Singh quetions legality of the conviction and sentence imposed, the State of Andhra Pradesh has questioned acquittal of the accused persons who faced trial, and their non-conviction for the charged offences.