MADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal under S. 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short the "TADA Act") the appellants question their conviction for offences punishable under S. 302 read with Ss. 149, 307 read with Ss. 149, 352, 379 of Indian Penal Code, 1860 (in short "the IPC"), S. 27 of the Arms Act, 1959 (in short "the Arms Act") and S. 3(2)(i) of the TADA Act as done by the Sessions Judge, Jahanabad-cum-Special Judge, TADA.

(2.) Twenty persons faced trial for alleged commission of various offences punishable under IPC, TADA Act and Arms Act. Two of them (i.e. A-8 and A-9) died during trial. Two other accused persons were held to be juveniles within the meaning of Juvenile Justice Care Protection of Children Act, 2000 (in short "the Juvenile Act"). It was held that they were entitled to the benefit under the said Act. Each of the convicted accused-appellants was given life imprisonment for the offences punishable under S. 302 read with S. 149, I.P.C. and S. 3(2)(i) of the TADA Act in addition to 7 years and one year custodial sentence imposed for the offence relatable to S. 307 read with Ss. 149 and 353, I.P.C. respectively. No separate sentence was imposed for the offence relatable to S. 379, I.P.C. and S. 27 of the Arms Act.

(3.) Prosecution version as unfolded during trial is as follows :