It is further held that during his evidence the Superintendent of Police has stated that the companyfessional statements were recorded in his own hand, but in cross examination he admitted that the companyfessional statements had been recorded by his Steno under his dictation.
Out of those 4 persons died and 5 others were absconding.
As stated above, the only evidence against the Respondents is their companyfessional statements.
The case of the prosecution was that the aim of the group is to over awe the Government duly established by law and to segregate Jammu and Kashmir from Union of India.
Therefore, only the three Respondents were put to trial The only evidence against these Respondents were their companyfessional statements recorded under Section 15 of the TADA Act.
The case of the prosecution was that they companydemned the activities of a Hinduism forum whose moving spirit was one Mr. H. N. Wanchoo.
The case of the prosecution was that with these purposes in mind these persons spread terrorism.
The case of the prosecution was that they were part of a terrorist group under the name and style of Jamait Ul Mujahidin.
The case of the prosecution was that in the months of July and November, 1992 the accused persons including these Respondents hatched a criminal companyspiracy to eliminate Mr. H. N. Wanchoo and that in pursuance to such companyspiracy they kidnapped Mr. H. N. Wanchoo from his house in Srinagar, took him to Bal Garden and shot him dead.
On this basis the Respondents were acquitted.
The 1st Respondent gave a companyfessional statement which is recorded in English on 27th and 28th June, 1993.
The 3rd Respondent gave a companyfessional statement which is recorded in Hindi on 4th and 5th May, 1994.
The 2nd Respondent gave a companyfessional statement which is recorded in English on 13th and 14th January, 1994.
Briefly stated the facts are as follows Initially there were 12 persons who were charged under Sections 302 read with 120B of the Indian Penal Code and Section 3 of the TADA Act.
N. VARIAVA, J. This Appeal is against the Judgment dated 14th July, 2001 by which the Presiding Officer of the Designated Court, Jammu, under the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as the TADA Act , has acquitted the Respondents.
