On June 26, 1992, after a lengthy investigation, the SIT filed charge sheet in respect of offences under the Terrorist and Disruptive Activities Prevention Act, 1987 TADA , Indian Penal Code, 1890 IPC , Explosive Substances Act, 1908, Arms Act, 1959, Passport Act, 1967, Foreigners Act, 1946 and the Indian Wireless Telegraphy Act, 1933, against 41 persons, 12 of them died 2 in the blast and 10 having companymitted suicide and three were declared absconding.
The case was thus tried against the following 26 accused persons A 1 S.Nalini , A 2 T.Suthendraraja Santhan , A 3 Sriharan Murugan Thas Indu Master , A 4 Shankar Koneswaran , A 5 D. Vijayanandan Hari Ayya , A 6 Sivaruban Suresh Suresh Kumar Ruban , A 7 S. Kanagasabapathy Radhayya , A 8 A.Chandralekha Athirari Sonia Gowri , A 9 B.Robert Payas Kumaralingam , A 10 Jayakumar Jayakumaran Jayam , A 11 J.Shanthi , A 12 Vijayan Perumal Vijayan , A 13 V.Selvaluxmi , A 14 Bhaskaran Velayudam , A 15 S. Shanmugavadivelu Thambi Anna , A 16 P.Ravichandran Ravi Pragasam , A 17 Suseemdram Mahesh , A 18 G.Perarivelan Arivu , A 19 Irumborai Duraisingam , A 20 S.Bhagyanathan , A 21 Padma , A 22 A.Sundaram , A 23 K.Dhanasekaran Raju , A 24 Rajasuriya Rangan , A 25 T.Vigneswaran Vicky , A 26 Ranganath .
It examined 288 witnesses exhibited 1448 documents, marked Exs.
While in office as Prime Minister of India, Shri Rajiv Gandhi, to bring about a settlement of disputes between Tamil speaking ethnic minority and Government of Sri Lanka, signed Indo Sri Lankan Accord on July 22, 1987 under which the Government of India took upon itself certain role.
P 1 to P1448.
A 9 Robert Payas Exh.
P 87, A 10 Jayakumar Exh.
This fact together with the alleged atrocities of IPKF against Tamilians in Sri Lanka and number cooperation of Government of India with the LTTE, at what is termed as the hour of their need, gave rise to grouse which culminated in plotting of a companyspiracy to assassinate Shri Rajiv Gandhi, which was put through on the fateful day, May 21, 1991.
The Designated Court referred the case to this Court for companyfirmation of death sentence of all the companyvicts, numbered as Death Reference No.1 of 1998.
It caused severe blow to the democratic process, sent shock waves throughout the world and the nation had to pass through excruciating time.
In discharge of its obligation under the Accord, Government of India sent Indian Peace Keeping Force IPKF to Sri Lanka to disarm LTTE.
These cases were heard together.
The companyvicts filed appeals, Criminal Appeals 321 to 324 of 1998, against their companyviction for various offences and the sentence awarded to them.
P 85, A 18 Arivu Exh.
The Designated Court framed as many as 251 charges of which Charge No.1 is companymon to all the accused for the other 250 charges, accused are charged separately under different heads.
P 101, A 2 Santhan Exh.
P 127, A 15 Thambianna Shanmugavadivelu Exh.
P 139, meticulously examined other oral and documentary evidence in support of such companyfessional statement and found A 1 Nalini , A 2 Santhan , A 3 Murugan , A 9 Robert Payas , A10 Jayakumar , A 16 Ravichandran and A 18 Arivu guilty of offences under Section 120 B read with Section 302 IPC and altered death sentence of A 1, A 9, A 10 and A 16 to life imprisonment while companyfirming death sentence of A 2, A 3 and A 18.
P 109, A 23 Dhanasekaran Exh.
For the sake of brevity, all charges can be companyveniently classified under three categories Under Section 120 B read with Section 302 IPC B. Under Sections 3,4 and 5 of the TADA Act and C. i Under various provisions of IPC ii Under Sections 3,4 and 5 of the Explosive Substances Act, 1908 iii Section 25 of the Arms Act, 1959 iv Section 12 of the Passport Act, 1967 v Section 14 of the Foreigners Act, 1946 vi Section 6 1A of the Wireless Telegraphy Act, 1933.
This incident was a result of wickedly hatched companyspiracy which was skillfully planned and horridly executed.
P 104, A 24 Rangan Exh.
P 97, A 12 Vijayan Exh.
A prominent organisation of Tamils Liberation Tiger of Tamil Elam LTTE was among the signatories to that Accord.
P 113, A19 Irumborai Exh.
P 117, A 16 Ravichandran Exh.
P 121, A 17 Suseendran Exh.123, A 25 Vigneswara Exh.
Brother Wadhwa,J. on companysideration of all the aforementioned companyfessions and other evidence against the appellants companyfirmed companyviction of only A 1, A 2, A 3 and A 18 under Section 120 B read with Section 302 I.P.C. and companyfirmed death sentence of all of them while acquitting all other appellants.
P 77, A 3 Sriharan Exh.
Thirteen of these accused are Sri Lankan and an equal number companyprises of Indians.
To bring home the guilt of the accused in respect of the charges framed against each of them, the prosecution placed on record companyfessions of seventeen accused and also plethora of evidence.
The investigation of that horrible incident was entrusted to the Central Bureau of Investigation CBI Special Investigating Team SIT .
P 91, A 8 Athirai Exh.
The Designated Court, on companysideration of the material placed before it, found all the twenty six accused guilty of all the charges framed against them and awarded punishment of fine of varying amounts, rigorous imprisonment of different period and sentenced all of them to death.
