ZULFIQAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) Only a short question has been raised in this appeal which relates to the punishment awarded to two appellants viz. Zultiqar Ali alias Ram Chander and Sayyed Tariq Masood alias Ramesh Chand, alias Aijaj Ahmad, alias Chet Ram, alias Khokar, alias Mohd. Iqbal by the additional Sessions Judge, Dehradun, in Sessions Trial No. 39 of 1979. By this judgment dated 8.3.1982 the learned Sessions Judge has convicted and sentenced each of the appellants to 14 years RI. under Section 120B I.P.C. and to another time of 14 years RI. under Section 3 of the Official Secret Act. He has further directed that both the sentences of the appellants shall run consecutively.

(2.) The fact, relevant for the purpose of the disposal of the above question may be stated as under; On 4.10.1971 two persons, namely, Mohd. Tayyab alias Rajendra Singh and Mobd. Sajjdd alias Mohan Lal were arrested at Dehradun as Pakistani spies operating in India. After their arrest they made some statements which were recorded under Section 164, Cr. P.C. on 14.10.1971 and 16.10.1971 respectively. Their statements led to the arrest of another spy of Pakistan Akram Ali Daudi on 13.12.1971. On his arrest he also made some disclosures. His statement under Section 164, Cr. P.C. was also recorded on the same day. It is from the statement of Akram Ali Daudi that the complicity of the two appellants in espicnage work were also revealed. This led to the arrest of the two appellants. Zulfiqar Ali, appellant, was arrested on 9.2.1982 near Aroma Hotel in Chandigarh. The other appellant, Sayyed Tariq Masood was arrested on 29.1.1972 at Royal Hotel at Hyderabad. After their arrest, they had also made statements which were also recorded under Section 164, Cr. P.C. on 26.2.1972 and 9.2.1972 respectively.

(3.) After investigation in the case conducted be the crime branch of C.LD. Lucknow, a charge sheet was filed against all these five persons, namely, Mohammad Tavyab alias Rajendra Singh, Mohammad Sajjid Alias Mohan Lal, Akram Ali and the two appellants which gave rise to Sessions trial No. 39 of 1979 against the said five persons. During trial, however, two persons viz. Mohammad Tayyab alias Rajendra Singh and Mohammad Sajjad alias Mohan Lal were repatriated to Pakistan by the Government of India. Akram Ali Daudi who was released on bail jumped the bail and is still absconding. The trial, therefore, proceeded against the two appellants only who have been convicted and sentenced as already stated above.