HARI SINGH Vs. STATE

JUDGEMENT

(1.) THE Appellant in this case, challenges a judgment and order of the learned Additional Sessions Judge, Delhi, dated 30 -07 -2001, in SC No. 106/1993 ("the impugned judgment") whereby he was convicted under Section 3 of the Anti -Hijacking Act, 1982 ("the 1982 Act") read with Sections 186, 353 and 365, of the Indian Penal Code ("IPC"), and sentenced to undergo life imprisonment (for the offence under the 1982 Act) and various other prison terms, for the conviction in respect of the IPC offences.

(2.) THE prosecution case was that on 27 -3 -1993, an Indian Airlines Airbus Flight IC 439 ("the flight") took off from the New Delhi Palam Airport at 06:25 hours though it had to take off at 06:00 hours. It was a Madras bound flight, with a stopover at Hyderabad. According to the prosecution, the flight, when air borne, was hijacked when it was about a 100 miles away, enroute Hyderabad. The prosecution alleged that at 07:50 hours, Shri. P. Elumalai (PW -2), Manager, Airport informed the Domestic Airport Palam control room that the flight was returning as there was an emergency landing, and according to information, the incident was one of suspected hijacking. The information was logged by a diary entry No. 6 and was later exhibited as Ex. PW -19/A. After intimation of the information, it was relayed to Palam Airport and other investigation agencies, including the DCP of the Indira Gandhi International Airport. A wireless message was given to PS Palam Airport, about the possibility of emergency landing at 08:03 hours; a copy of the intimation was furnished to the SI of the Palam police station. SI Seesh Pal (PW -39) reached the place, around 08:40 hours.

(3.) IN the course of investigation, the prosecution claims to have seized the passenger manifest, 192 counterfoils of boarding passes from the office of the Traffic Superintendent, Indian Airlines Palam Airport. Statements of witnesses were recorded. Another FIR had been registered in Amritsar; the Appellant was arrested there, upon his surrender. The Investigating officer, of the Delhi Police, sought formal arrest of the Appellant, and obtained transit remand from the concerned competent court at Amritsar. The Appellant was questioned during investigation; he allegedly made a disclosure statement, on 30 -3 -1993, relating to preparation for the hijacking. Other evidence relating to his arrangement for travel, etc was also collected by the police. The specimen handwriting of the Appellant was secured, under orders of court, and sent for examination. The comparison was with the communication allegedly sent by him to PW -3 during the time when the flight was airborne, leading to its hijacking. The Central Government accorded sanction under the Act, for prosecution of the Appellant. A final report was filed and thereafter, the Appellant was charged with committing the offences he was found guilty of having committed. He entered the plea of not guilty, and claimed trial.