MOHINDER SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The sole appellant was the first accused before the Designated Court II of Delhi under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "tada"). He has been convicted by the Judge of the Designated Court under Section 307 of the Indian Penal Code, Section 5 of TADA and Section 4-A of the Explosive Substances Act, 1884. On the last count he is sentenced to rigorous imprisonment for seven years and a fine of rs 2000; on the second count rigorous imprisonment for five years plus a fine of Rs 5000; and on the first count rigorous imprisonment for four years and a fine of Rs 3000. This appeal is under Section 19 of TADA.

(2.) Among the four accused arraigned before the Designated Court, the fourth accused was Krishan Kumar. He died during the pendency of the trial. The second accused Hoshiar Singh and the third accused Satya Prakash were convicted under Sections 325 and 324 read with Section 34 IPC but they were dealt with by the Designated Court under the provisions of the probation of Offenders Act. This may be the reason that they have not come up in appeal.

(3.) The incident which gave rise to the prosecution case occurred at about 5. 00 p. m. on 8-7-1989. It seems to be the offshoot of a land dispute between pw 5 (Ballu) on the one side and the appellant on the other side. It is said that one of the sons of PW 5 (Ballu) made a bid to take possession of the disputed land on the day of occurrence and that bid was foiled by the resistance offered by the accused persons. That son of PW 5 ran away but was chased up to his residence by the accused. A-2 (Hoshiar Singh) and A-3 (Satya Prakash) had lathis with them while A-4 (Krishan Kumar) had a jelli.