K VELLINGIRI Vs. S A BASHA

JUDGEMENT

(1.) THE present revision is filed by P. Ws. 94, 98, 211, 214 and 97, in S. C. No. 2 of 2000 on the file of the Court of Sessions Judge for Exclusive Trial for Bomb Blast Cases, Coimbatore, praying for enhancement of sentence in respect of Respondents 1 to 43 (Accused Nos. 1 to 13, 15 to 21, 26, 27, 28, 32, 33, 34, 36 to 41,43,44 45, 46, 60, 152, 155, 156, 161,163, 164 ).

(2.) THE trial Court vide judgment dated 01. 08. 2007, has convicted and imposed the sentence against Respondents 1 to 43 which are as follows:-R. 1. S. A. Basha (A-1)A sentence of life imprisonment for the charge No. 1 and three years rigorous imprisonment for the charge No. 14. R. 2-Mohamed Ansari @ Ansari (A-2)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 79, seven years rigorous imprisonment for the charge No. 81, seven years rigorous imprisonment for the charge No. 83, nine years rigorous imprisonment for the charge No. 85, seven years rigorous imprisonment for the charge No. 126, seven years rigorous imprisonment for the charge No. 128, seven years rigorous imprisonment for the charge No. 130, seven years rigorous imprisonment for the charge No. 133, nine years rigorous imprisonment for the charge No. 135, seven years rigorous imprisonment for the charge No. 203 and three years rigorous imprisonment for the charge No. 204. R. 3-Tajudeen @ Abu Mujahith (A-3)A sentence of life imprisonment for the charge No. 1, and three years rigorous imprisonment for the charge No. 14. R. 4-S. A. Nawbkhan (A-4)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 126, seven years rigorous imprisonment for the charge No. 128, seven years rigorous imprisonment for the charge No. 203 and three years rigorous imprisonment for the charge No. 204. R. 5-B. Basith @ Mohammed Basith (A5)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the Charge No. 7, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 126, seven years rigorous imprisonment for the charge No. 128, seven years rigorous imprisonment for the charge No. 130, seven years rigorous imprisonment for the charge No. 140 and seven years rigorous imprisonment for the charge No. 142. R. 6-Y. Ozir @ Abdul Ozir @ TADA Ozir (A6)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 22, seven years rigorous imprisonment for the charge No. 24, nine years rigorous imprisonment for the charge No. 26, nine years rigorous imprisonment for the charge No. 28, life imprisonment for the charge No. 31, seven years rigorous imprisonment for the charge No. 33, nine years rigorous imprisonment for the charge No. 35, nine years rigorous imprisonment for the charge No. 37, seven years rigorous imprisonment for the charge No. 39, seven years rigorous imprisonment for the charge No. 126, seven years rigorous imprisonment for the charge No. 128, life imprisonment for the charge No. 133, nine years rigorous imprisonment for the charge No. 135, seven years rigorous imprisonment for the charge No. 136, seven years rigorous imprisonment for the charge No. 206, two years rigorous imprisonment for the charge No. 207, life imprisonment for the charge No. 209, seven years rigorous imprisonment for the charge No. 211, nine years rigorous imprisonment for the charge No. 213 and nine years rigorous imprisonment for the charge No. 215. R. 7-S. A. Mohamood Ali Khan @ Kutty (A7)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 2, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 140 and seven years rigorous imprisonment for the charge No. 142. R. 8-B. Siddiq Ali @ Siddiq @ Imran (A8)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, ten years rigorous imprisonment for the charge No. 77, life imprisonment for the charge No. 78, seven years rigorous imprisonment for the charge No. 80, nine years rigorous imprisonment for the charge No. 82, nine years rigorous imprisonment for the charge No. 84 and three years rigorous imprisonment for the charge No. 202. R. 9-Babu @ Ooom Babu (A9)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 48, two years rigorous imprisonment for the charge No. 49, seven years rigorous imprisonment for the charge No. 51, nine years rigorous imprisonment for the charge No. 53, nine years rigorous imprisonment for the charge No. 55, life imprisonment for the charge No. 79, seven years rigorous imprisonment for the charge No. 81, nine years rigorous imprisonment for the charge No. 83, nine years rigorous imprisonment for the charge No. 85, seven years rigorous imprisonment for the charge No. 137, two years rigorous imprisonment for the charge No. 138, seven years rigorous imprisonment for the charge No. 140, seven years rigorous imprisonment for the charge No. 142 and three years rigorous imprisonment for the charge No. 189. R. 10-S. Zakir Hussain @ Ismail @ Abdul Anus (A10)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14 and seven years rigorous imprisonment for the charge No. 220. R. 11. M. Abdul Salam @ Salam @ Poochaikan Salam (A11)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 2, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, three years rigorous imprisonment for the charge No. 18, seven years rigorous imprisonment for the charge No. 19, seven years rigorous imprisonment for the charge No. 206, two years rigorous imprisonment for the charge No. 207, life imprisonment for the charge No. 209, seven years rigorous imprisonment for the charge No. 211, nine years rigorous imprisonment for the charge No. 213 and nine years rigorous imprisonment for the charge No. 215. R. 12-J. Aslam @ TADA Aslam (A12)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, three years rigorous imprisonment for the charge No. 18 and seven years rigorous imprisonment for the charge No. 19. R. 13- N. Siraj @ Auto Siraj (A13)A sentence of life imprisonment for the charge No. 1, five years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 59, seven years rigorous imprisonment for the charge No. 61, nine years rigorous imprisonment for the charge No. 63, nine years rigorous imprisonment for the charge No. 65, seven years rigorous imprisonment for the charge No. 67, seven years rigorous imprisonment for the charge No. 114, seven years rigorous imprisonment for the charge No. 116 and seven years rigorous imprisonment for the charge No. 183. R. 14-M. H. Safoor Rahman (A15)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 110 and seven years rigorous imprisonment for the charge No. 112. R. l5- K. Abbass @ Keelakarai Abbass (A16)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 15, nine years rigorous imprisonment for the charge No. 16 and seven years rigorous imprisonment for the charge No. 17. R. 16-S. Zaffru @ Syed Zafar Ahmed (A17)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 2, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, three years rigorous imprisonment for the charge No. 18 and seven years rigorous imprisonment for the charge No. 19. R. 17-A. Ismail @ Kathikuthu Ismail (A18)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment is the charge No. 41, seven years rigorous imprisonment for the charge No. 43, nine years rigorous imprisonment for the charge No. 45, nine years rigorous imprisonment for the charge No. 47, life imprisonment for the charge No. 95, seven years rigorous imprisonment for the charge No. 97, nine years rigorous imprisonment for the charge No. 99, nine years rigorous imprisonment for the charge No. 101, three years rigorous imprisonment for the charge No. 165, nine years rigorous imprisonment for the charge No. 166, seven years rigorous imprisonment for the charge No. 167 and nine years rigorous imprisonment is the charge No. 168. R. 18-M. Jaffer @ Makkan Jaffar (A19)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 13, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 132 and nine years rigorous imprisonment for the charge No. 134. R. 19-A. Mohammed Amjath Ali @ Amjath Ali (A20)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 125, life imprisonment for the charge No. 132 and nine years rigorous imprisonment for the charge No. 134. R. 20- K. Amman @ Ammanullah (A21)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14 and seven years rigorous imprisonment for the charge No. 125. R. 21-S. Jahangir @ Jahir (A26)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 87, seven years rigorous imprisonment for the charge No. 89, nine years rigorous imprisonment for the charge No. 91, nine years rigorous imprisonment for the charge No. 93, life imprisonment for the charge No. 132, nine years rigorous imprisonment for the charge No. 134, seven years rigorous imprisonment for the charge No. 143, two years rigorous imprisonment for the charge No. 144, seven years rigorous imprisonment for the charge No. 146 and seven years rigorous imprisonment for the charge No. 148. R. 22-S. Mohammed Muthu @ Musthafa (A27)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, ten years rigorous imprisonment for the charge No. 77, life imprisonment for the charge No. 78, seven years rigorous imprisonment for the charge No. 80, nine years rigorous imprisonment for the charge No. 82 and nine years rigorous imprisonment for the charge No. 84. R. 23-S. Safru @ Sarfudeen (A28)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 31, seven years rigorous imprisonment for the charge No. 33, nine years rigorous imprisonment for the charge No. 35, nine years rigorous imprisonment for the charge No. 37, seven years rigorous imprisonment for the charge No. 39, seven years rigorous imprisonment for the charge No. 50, nine years rigorous imprisonment for the charge No. 52, nine years rigorous imprisonment for the charge No. 54, seven years rigorous imprisonment for the charge No. 139, seven years rigorous imprisonment for the charge No. 141, three years rigorous imprisonment for the charge No. 151 and seven years rigorous imprisonment for the charge No. 152. R. 24-L. M. Hakkim S/o L. K. Majith (A32)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 21, seven years rigorous imprisonment for the charge No. 23, nine years rigorous imprisonment for the charge No. 25 and nine years rigorous imprisonment for the charge No. 27. R. 25-Abu @ M. Abudhageer (A33)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 21, seven years rigorous imprisonment for the charge No. 23, nine years rigorous imprisonment for the charge No. 25 and nine years rigorous imprisonment for the charge No. 27. R. 26-M. Mohammed Rafiq @ Rafiq (A34)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, ten years rigorous imprisonment for the charge No. 29, life imprisonment for the charge No. 30, seven years rigorous imprisonment for the charge No. 32, nine years rigorous imprisonment for the charge No. 34 and nine years rigorous imprisonment for the charge No. 36. R. 27-J. Noor Mohammed @ Noor (A36)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 40, seven years rigorous imprisonment for the charge No. 42, nine years rigorous imprisonment for the charge No. 44 and nine years rigorous imprisonment for the charge No. 46. R. 28-C. Basha @ Ozeer @ Ozeer Basha (A37)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 41, seven years rigorous imprisonment for the charge No. 43, nine years rigorous imprisonment for the charge No. 45, nine years rigorous imprisonment for the charge No. 47, three years rigorous imprisonment for the charge No. 175, nine years rigorous imprisonment for the charge No. 176, seven years rigorous imprisonment for the charge No. 178, nine years rigorous imprisonment for the charge No. 181 and two years rigorous imprisonment for the charge No. 182. R. 29-Ibrahim @ Babu, @ Adipatta Babu (A38)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 41, seven years rigorous imprisonment for the charge No. 43, nine years rigorous imprisonment for the charge No. 45, nine years rigorous imprisonment for the charge No. 47, three years rigorous imprisonment for the charge No. 165 and nine years rigorous imprisonment for the charge No. 166. R. 30-M. Hakkim S/o Mohammed Haneefa (A39)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 41, seven years rigorous imprisonment for the charge No. 43, nine years rigorous imprisonment for the charge No. 45 and nine years rigorous imprisonment for the charge No. 47. R. 31-N. S. Hakkim S/o Syed Mohammed (A40)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 50, nine years rigorous imprisonment for the charge No. 52, nine years rigorous imprisonment for the charge No. 54, three years rigorous imprisonment for the charge No. 56 and 190, seven years rigorous imprisonment for the charge No. 206, two years rigorous imprisonment for the charge No. 207, life imprisonment for the charge No. 209, seven years rigorous imprisonment for the charge No. 211, nine years rigorous imprisonment for the charge No. 213 and nine years rigorous imprisonment is for the charge No. 215. R. 32-E. M. Monoappa @ Mohammed Hasan (A41)A sentence of life imprisonment is for the charge No. 1, three years rigorous imprisonment is for the charge No. 14, ten years rigorous imprisonment is for the charge No. 57, life imprisonment is for the charge No. 58, seven years rigorous imprisonment for the charge No. 60, nine years rigorous imprisonment for the charge No. 62, nine years rigorous imprisonment for the charge No. 64. R. 33-B. Abdul Razak, @ Gundu Razak (A43)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, ten years rigorous imprisonment for the charge No. 68, life imprisonment for the charge No. 69, seven years rigorous imprisonment for the charge No. 71, nine years rigorous imprisonment for the charge No. 73 and nine years rigorous imprisonment for the charge No. 75. R. 34-J. Mohammed Azam (A44)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, ten years rigorous imprisonment for the charge No. 68, life imprisonment for the charge No. 69, seven years rigorous imprisonment for the charge No. 71, nine years rigorous imprisonment for the charge No. 73 and nine years rigorous imprisonment for the charge No. 75. R. 35-S. Sait @ Sandhu Mohammed (A45)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 86, seven years rigorous imprisonment for the charge No. 88, nine years rigorous imprisonment for the charge No. 90 and nine years rigorous imprisonment for the charge No. 92. R. 36-R. Riaz Mohammed @ Riaz (A46)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 94, seven years rigorous imprisonment for the charge No. 96, nine years rigorous imprisonment for the charge No. 98 and nine years rigorous imprisonment for the charge No. 100. R. 37-M. Saleem @ Saleem Basha (A60)A sentence of life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 7, three years rigorous imprisonment for the charge No. 14, three years rigorous imprisonment for the charge No. 191, seven years rigorous imprisonment for the charge No. 206, two years rigorous imprisonment for the charge No. 207, life imprisonment for the charge No. 209, seven years rigorous imprisonment for the charge No. 211, nine years rigorous imprisonment for the charge No. 213 and nine years rigorous imprisonment for the charge No. 215. R. 38-M. Moosa @ TADA Moosa (A152)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, three years rigorous imprisonment for the charge No. 151 and seven years rigorous imprisonment for the charge No. 152. R. 39-S. Mohammed Subair @ Subair (A155)A sentence life imprisonment for the charge No. 1, seven years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 203, three years rigorous imprisonment for the charge No. 204 and five years rigorous imprisonment for the charge No. 205. R. 40-S. Syed Mohammed Buhari @ TADA Buhari (A156)A sentence life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, seven years rigorous imprisonment for the charge No. 203 and three years rigorous imprisonment for the charge No. 204. R. 41-M. Mujibur Rahman @ Anna Colony Mujibur Rahman (A161)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 216, seven years rigorous imprisonment for the charge No. 217, nine years rigorous imprisonment for the charge No. 218 and nine years rigorous imprisonment for the charge No. 219. R. 42-S. K. Mohammed Ali (A163)A sentence of life imprisonment for the charge No. 1 and three years rigorous imprisonment for the charge No. 14. R. 43-M. Muji @ Mujibur Rahman @ Athupalam Mujibur Rahman (A164)A sentence of life imprisonment for the charge No. 1, three years rigorous imprisonment for the charge No. 14, life imprisonment for the charge No. 208, seven years rigorous imprisonment for the charge No. 210, nine years rigorous imprisonment for the charge No. 212 and nine years rigorous imprisonment for the charge No. 214.

(3.) THE case pertains to serial bomb blast which took place on 14. 2. 2998 between 3. 50 P. M. and 4. 20 P. M. when the then President of Bharathiya Janata Party Thiru. L. K. Advani was to address an election meeting at R. S. Puram, in Coimbatore city. There were series of 12 bomb blasts, killing 47 persons and injuring 218 persons. Extensive damage was also caused to private and public properties.