STATE OF KARNATAKA Vs. GHAYUR AHMAD JAMALI

JUDGEMENT

(1.) These Criminal Appeals are arising out of the common impugned judgment of conviction and order of sentence dated 22.06.2020 made in S.C.Nos. 868, 869, 870, 871 & 872/2013 on the file of the XLIX Additional City Civil and Sessions Judge, (Special Court of NIA Cases), Bengaluru convicting accused Nos. 3 and 4 for imprisonment of 8 years, including 1 year rigorous imprisonment (simple imprisonment for 7 years and 1 year rigorous imprisonment) for the offences punishable under Section 18 of Unlawful Activities (Prevention) Act, 1967 read with Sections 120B, 121, 121A, 123 of IPC with fine of Rs.10,000/- each and in default to pay the fine, to undergo 3 months rigorous imprisonment; and imprisonment of 8 years including 1 year rigorous imprisonment (simple imprisonment for 7 years + 1 year R.I) for the offence punishable under Section 3(b) of The Explosive Substances Act, 1908 read with Sections 120B & 121A of IPC and Section 18 of Unlawful Activities (Prevention) Act, 1967 with fine of Rs.5,000/- each and in default to pay the fine, accused Nos. 3 and 4 shall undergo 3 months rigorous imprisonment.

(2.) It is the case of the prosecution that all the accused including accused Nos.3 and 4 being active members of unlawful association called Indian Muzahideen (IM) having the intention of establishing Islamic State (Dar-Ul-Islam) in India, by force conversion or by violence and thus the accused have committed the terrorist acts in the name of religious war called as 'Jihad'. It is further alleged that all the accused including the accused Nos. 3 and 4 used to assemble at Flat No.D-76, Abdul Fazal Enclave-2, Shahinbag, Okhla, Jamianagar, New Delhi, which was in possession of accused No.6, Mohammed Tharlah Anjum Ahsan @ Tariq, so as to conduct conspiracy meetings. In the said meeting the accused had discussions about committing of terrorist acts and about plans of causing explosion at KSCA, Chinnaswamy Stadium, Bengaluru during the IPL cricket matches scheduled to be held at that time by making use of financial aid provided by Lushkere-e-Taiba (LeT) a terrorist outfit and thereby to cause death of innocent public and cause damage to the public property and also to cause adverse effect on the economy of the nation and its social status. That in the said conspiracy meetings, the task of causing bomb blast at the aforesaid place was assigned to the first accused. It was decided that accused persons who had filed applications for pleading guilty were assigned with the job of assisting accused No.1 and others of the case on hand besides the job of recruiting youths belonging to Muslim community to their gang.

(3.) It is further alleged in the charge-sheet that in furtherance of said conspiracy meetings held at the flat which was in possession of accused No.6, two other conspiracy meetings were held. As a result of the said conspiracy meetings, accused No.1 and others had obtained a premises for lease at Sadashivanagar, Tumkur, Tumkur District. At the said leased premises, accused Nos. 1 to 4 had prepared Improvised Explosive Devices (IEDs) by using Ammonium nitrate, paper pieces, yellow plastic thread, electrical detonators, 9 volt batteries and etc. Accordingly, on the complaint lodged, the jurisdictional police after investigation in the matter had filed charge sheet against all the accused persons under the provisions of Sections 120B, 121, 121A, 123, 212, 435, 307, 201 of IPC and Sections 3 and 4 of The Explosive Substances Act, 1908 and Sections 3, 10, 11, 13, 16, 17, 18, 19 and 20 of Unlawful Activities (P) Act, 1967.