SIMON Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge in these appeals is to the conviction of the appellants in relation to killings in occurrence which took place on 9th April, 1993. On Police receiving information about the place of hiding of notorious criminal Veerappan and his gang, a Police party headed by Superintendent of Police, K. Gopalakrishnan (PW-97), on 9th April, 1993, proceeded to nab them. The party comprising of police personnel, forester watchers and informants went in two buses. As a result of blasting of land mines that had been laid, the bus which was in front exploded. The explosion resulted in injuries to many and death of 22 persons. The incident took place at about 11.00 a.m. For treatment, the injured were shifted to hospital by transporting them in the second bus. After the explosion of the land mines, there were exchange of fire also. The FIR was recorded at 2.45 p.m. on the date of the occurrence. The case was filed against 121 persons, 50 persons were arrested and prosecuted. The trial resulted in conviction of the appellants who are four in number. The first appellant is Simon (accused No. 16), second appellant is Gnana Prakash (accused No. 30), the third is Madhiah (accused No. 31) and the fourth is Bilavendra (accused No. 32). The remaining accused have been acquitted.

(2.) The Special Judge, TADA Court, Mysore, by the impugned judgment and order, has convicted the appellants for offence under Sections 3, 4, 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA Act'), Sections 143, 148,

(3.) These appeals have been filed under Section 19 of the TADA Act. The prosecution to prove the case against the appellants has examined a large number of witnesses and has produced various documents. We have heard learned Counsel for the parties and have perused the record.