PRADEEP NARAYAN MADGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants were convicted by the Designated Court for offences punishable under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as TADA) read with Section 3, and Section 25 of the Arms Act 1959 and sentenced to suffer rigorous imprisonment for five years each vide judgment dated 3-10-1994. They have questioned their conviction and sentence through these appeals under Section 19 of TADA.

(2.) We have heard learned counsel for the parties and perused record.

(3.) Shorn of details the prosecution case is that on 2nd Janaury 1991, the then Assistant Commissioner of Police (Crime Branch) telephonically informed Shri Lembhe, Senior Inspector of Police that two incidents of indiscriminate firing had taken place at Lal Vitachi Chawl situated at Byculla and on Sane Guruji Marg. He was also informed that the gang of one Chota Rajan was suspected to be behind the two firing incidents. In response to the telephonic information P.W. 1 Inspector Deshmukh accompanied by P.W. 4 Inspector Deshpande P.W. 6 Inspector Gadre and PSI Chate left the zonal office of the DCB CID in a police jeep for combing operations. The hide out of the gang of Chota Rajan was reported to be at Tilak Nagar/Ghatkopar. After the police party reached near Tilak Nagar, PI Gadre P.W. 6 received secret information that some members of Chottey Rajan gang were hiding in a room on the ground floor of building No. 93 at Tilak Nagar. Room No. 3323 (stated by the prosecution to be 3334) is situated on the ground floor of building No. 93. At about 8.30 p.m. the members of the raiding party reached in front of room No. 3323 of building No. 93 after joining with them two independent panches P.W. 2 Ramji and P.W. 5 Tushar Niar. The door of the room was found closed P.W. 1 rang the door bell and knocked at the door but there was no response. Some whispers could, however, be heard by members of the raiding party. The police party disclosed their identity to the inmates but the door of the room was still not opened. The door was therefore forcibly broken open by the raiding party and they stormed into the room. The three appellants, along with one Ganesh Singh Bishat alias Danny (absconding accused) were found present in the room armed with fire arms and ammunition. They (the accused) initially pointed their weapons towards the police party but were advised by the raiding party to surrender at the point of sten-guns etc. The appellants and Danny tucked the weapons in their respective waists and raising their arms, surrendered before the police party. After the accused were disarmed, their search was conducted and the weapons along with ammunition were taken into possession from their personal search. From Pradeep Narain appellant a pistol, 6 live catridges and one empty cartridge were found. The pistol bore making "BF-43-PO 38" with the number "4067" inscribed on the barrel. The live catridges which were found loaded in the pistol bore making "9 mm LUCN WW". From Mahendra Anant Patil, appellant, one pistol with Chinese inscription and bearing No. "11006114-66-1964" with letters "A" and "M" on the trigger was found. Besides he was also found in possession of five live catridges and two empty catridges. The markings "38-50-45L-762 MAUSER" were found inscribed on the live catridges. From appellant Shrirang Baburao Pawar one revolver made by "Webley and Scott Ltd" made in England Mark III, besides jacketed catridges bearing the markings "PEMUPC 32 58 WL" and two empty cartridges were found. After conducting the search and recovery of the weapons and catridges, four separate FIRs were registered and the accused were after investigation and obtaining sanction,sent up for trial. After recording the evidence led by the prosecution the appellants were convicted and sentenced as noticed above.