ADAMBHAI SULEMANBHAI AJMERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are filed by the convicted accusedappellants as they are aggrieved by the conviction and sentences awarded to them by the Special Court (POTA), and confirmed by the High Court of Gujarat for the offences punishable under the provisions of the Indian Penal Code, 1860 (hereinafter 'IPC'), the Arms Act, 1959, the Explosive Substances Act, 1908 and the Prevention of Terrorism Act, 2002 (hereinafter 'POTA') as per list in para 2 below, for the attack on the Akshardham temple in Gandhinagar between the afternoon of 24.09.2002 and early morning of 25.09.2002, wherein 33 people were killed and more than 85 people were injured.

(2.) The following list outlines the charges against each of the accused and the conviction and sentences meted out to them by the Special Court (POTA), Ahmedabad, and upheld by the High Court of Gujarat. Accused no.1 is not in appeal before us. The appellant nos. 1-5 before us will hereinafter be referred to as per their position as accused i.e A-2 to A-6. Appellant no.4, Abdullamiya Yasinmiya Kadri (A-5) has already undergone 7 years out of the 10 years of sentence awarded by the learned Judge, Special Court (POTA) and by order dated 03.12.2010, this Court directed him "to be released to the satisfaction of the trial court." The following list outlines the charges, conviction and sentences awarded to each of the accused-appellants.

(3.) The aforesaid sentences imposed upon each accused person were ordered to run concurrently. The accused persons were allowed to set off the sentences for the time spent in custody, wherever applicable.