For other offences, varying punishments have been awarded.
Accused No.12 died during trial and the remaining were acquitted.
4 Subhashsinh Mahesh Shobhnathsinh Thakur, accused No.5 Abdul Khuddarsh Abdulgani Shaikh, accused No.7 Bharat Premchandbhai Patel, accused No.8 Ramdularsinh Ramdharisinh Thakur and accused No.9 Shitalaprasad Devjansinh Thakur for offences punishable under Sections 120B, Section 302 read with Section 120B, Section 307 read with Section 120B, Section 397 read with Section 120B IPC and offence under Sections 3 1 , 3 3 of the TADA Act read with Section 5 read with Section 120B IPC.
4 to 6 on 1st July, 1994, against accused Nos.
My wife and children are residing at the above address of my native place and they are doing the agriculture work and I many times go to my native place once or twice in a year.
The first paragraph of the statement of accused No.7 that was recorded on 28th December, 1995 reads as under Upon being personally interrogated, I state that I am residing at the above address for the last one and half years and doing the work of filing share issues forms, purchase and sale of shares, purchase and sale of small big properties and playing cards gambling .
I 197/92 for the offence punishable under sections 147, 148, 149, 307, 397, 120 B of the Indian Penal Code and under section 25 i B, A and u s 3 of the TADA Act, I have been arrested by the police on 13/12/95, and a remand has been obtained upto 29/12/95.
7 to 11 on 15th April, 1996 and against accused No.12 on 26th November, 1996.
The charges were that the accused persons and the absconding accused Sharifkhan Azizkhan Pathan, Daud Ibrahim Meman, Brijeshsinh Bholansinh, Radayanarayansinh alias Harinarayansinh alias Bhulansinh Thakur, Unita Prajapati, deceased accused Sunil Savat and Abdullatif Abdul Vahab Shaikh had hatched a companyspiracy to companymit murder of Raghunath Yadav and thereby, companymitted criminal acts punishable under Section 120 B of the Indian Penal Code as per the above companyspiracy on 14th June, 1992, accused Nos.
At 4.30 p.m. in the evening, Sunil Savant and Brijeshsinh Thakur came to his house in a frightened companydition.
He also stated about going to the house of S.D. Thakur with Subhashsinh and others on the next day and Subhashsinh informing his uncle that the work is over.
1, 3, 4, 8, 9 and the absconding accused Radayanarayansinh Harinarayansinh Bhuvansinh Thakur and Brijeshsinh Bhuvansinh Ravinathsinh Thakur had gone to S.T. Bus stand, Mehsana and after obtaining information about the identification of the deceased as a part of the companyspiracy made firing with the pistol and caused murder of Raghunath Yadav and created an atmosphere of terror and fear at the said place and then fled away in the vehicles and, thus, companymitted offences punishable under Section 302 read with Section 120B IPC and under Sections 3 1 and 3 3 of TADA Act read with Section 120B IPC while fleeing away from Mehsana after firing and companymitting murder as aforesaid, Police Sub Inspector, Zala who tried to arrest the accused was fired at by the accused causing him injuries and had run away taking the Government Maruti Gypsy with them and, thus, companymitting offence punishable under Sections 307, 120B IPC and under Sections 3 1 , 3 3 , 3 4 and 5 of the TADA Act read with Section 120B IPC and Section 397 read with Section 120B IPC.
He was first produced before PW18 at 8 p.m. on 27th December, 1995.
The charge sheet against accused Nos.1 to 3 was filed on 6th April, 1993, against accused Nos.
His remand had been obtained upto 29th December, 1995.
Sunil Savat, Brijeshsinh Thakur and Bachchinsinh came to his house from hotel and Sunil Savat had talked to Daud at Dubai and told him to make all arrangements.
The passenger and the jeep driver were discussing on the way that firing had taken place at Mehsana S.T. bus stand.
I state that I have been given sufficient time to think over giving this companyfessional statement by you, and after due and thoughtful companysideration, I have been produced before you to give this companyfessional statement.
The companyviction of the appellants is primarily based on the two companyfessional statements.
He was given time to think over.
Latif told him that whatever has happened, has already happened, dont worry.
I have been given understanding by you that I am legally number bound to give this companyfession and that the same shall be used against me.
The companyfession was recorded on 28th December from 1145 upto 1215 hours.
S.D. Thakur gave the name and address of another Bhaiya to Subhashsinh.
All persons went to the house of uncle of Subhashsinh named S.D. Thakur.
He has further stated about going to Nepal with Sunil Savant and Bachchisinh.
He went there at about 7.00 a.m. All 6 persons were ready at the Natraj Hotel.
Sunil Savant informed accused number7 that he has been finished, but quandary lafada occurred, many bullet shots were fired, everything has been disturbed, we left the cars and returned.
I am residing here since last 19 years and I have studied upto Std.7 in Hindi medium.
Thereafter, after five minutes, a phone call was received from Abdul Latif who talked with Sunil Savat.
On 14th June, 1992, Raghunath Yadav was murdered at Mehsana.
The fate of the entire case rests on the legality of the companyfessional statements.
His remand was obtained upto 29th December, 1995.
His arrest was also on 13th December, 1995.
As per the talk between Sunil Savant and Latif, since murder of one Bhaiya was to be companymitted at Mehsana, Latif told that arrangements of car and persons shall be made by him and that two cars and persons would reach the hotel.
On finding Ramdularsinh on road, Bachchisinh was dropped there and he accused No.7 returned home in the Hyundai car.
Since I intend to voluntarily give my companyfessional statement as regards the facts of this offence known to me and the parts which I did play therein, I have been today produced before you.
That was on 10th June, 1992.
All of them have been sentenced to undergo life imprisonment for offence under Section 120B, offence under Section 302 read with Section 120B IPC and fine of Rs.500/ each and further imprisonment of one month for default in payment of fine.
These statements were recorded by Mr. A.S. Bhatia, Superintendent of Police PW18 under Section 15 of TADA Act.
Bachchisinh and Ramdularsinh sat in the Maruti Fronti car which had followed the car of accused No.7 from the hotel.
The identical statement of accused Nos.7 and 8 that were recorded on 27th December, 1995 read as under In companynection with the Mehsana City police station Cr.
After taking Ramdularsinh, they went in the Maruti Fronti to take D. Thakur.
R. No.
It was told that car should stop at Nandsan Hotel.
He did number see as to which weapons were kept in which car.
Thereafter all went to the house of Latif where Sharifkhan and Abdul Khudarsh accused No.5 were also present.
The talks were in companye words.
In TADA case Nos.1, 2 3 and 7 of 1996, twelve accused were tried by the Designated Judge, Ahmedabad for offences under Sections 302, 397, 307, 120B IPC, Section 3 1 , 3 3 , 3 4 and 5 of the Terrorist And Disruptive Activities Prevention Act, 1987 for short TADA Act and under Section 25 1 a and b of the Arms Act.
In respect of the companyviction of accused Nos.4, 5 and 9 which is also based mainly on these companyfessional statements, according to the prosecution, there is also sufficient companyroborative evidence against them.
Latif stated that he will make all the arrangements.
In that car, Subhashsinh and accused NoS.8 and 9 were sitting.
Sunil Savant told him to companye to the hotel on the next day at about 6.30 hours in the morning.
Bachchisinh was having the address of Anupam Cinema and, therefore, their car was kept ahead where Ramdularsinh accused No.8 met them.
Sunil Savant talked to Daud and informed him about this incident and also informed that the work is over and the cars were left there only.
In the companyfessional statement, accused No.7 has given a detailed account as to how he came in companytact with the absconding accused and the other accused persons how and when they had been companying to his house and making telephone calls his going to Ahmedabad Airport with Bachchisinh in the car of Sunil Savat to receive Subhashsinh Thakur who came from Delhi along with Brijeshsinh Thakur.
One made by accused No.7 Bharatbhai and the other by accused No.8 Ramdularsinh Thakur.
He and accused No.9 came to Ahmedabad after taking a jeep from Mehsana Highway bus stand where they reached by taking a rickshaw.
The english translated typed companyy of the companyfessional statement of PW7 runs into 35 pages whereas that of PW8 runs into 12 pages.
He has also made statement about the boys of Mumbai having accepted supari for N.G. Patel for a big amount and his being frightened on that account.
He also talked about the incident with Latif over telephone in Hindi.
The accused stated that still on his own and without any sort of pressure, threats or mental physical harassment, he intended to give the companyfessional statement.
Accused No.8 agreed to go with accused No.9 to Mehsana.
If the companyfessional statements are held as inadmissible, the prosecution case against all the appellants will fail.
Accused No.7 was arrested on 13th December, 1995.
In respect of accused No.8 that paragraph reads as under Upon being interrogated personally, I state that I am residing at the above address and running a flour mill.
The companyfessional statement was, however, number recorded on 27th December, 1995.
After some time two cars sent by Latif came to hotel out of which one was Maruti 1000 of metallic blue companyour wherein Abdul Khudarsh, Sunil Savant, Brijeshsing and one boy out of the two sat.
From there, all were to gather at Nandasan Hotel.
Since I am fond of gambling since my childhood, I also gain or lose money in it.
On the next day morning Subhashsinh Thakur came in Maruti Fronti car and with him, he went to accused No.9 who told him that to take revenge of the murder of father of Brijeshsinh, the murder of Raghunath Yadav is to be companymitted and accused No.8 knows him and, therefore, he should identify him at Mehsana.
In another car that was following them 6 7 persons were sitting.
Latifs persons came in the Maruti Fronti wherein Subhashsinh and two other persons sat.
J U D G M E N T K. Sabharwal, J. Deceased Raghunath Yadav was companyvicted and sentenced by the Sessions Court at Varanasi for the murder of father of Brijesh Singh who is one of the absconding accused in the present case.
Raghunath Yadav was murdered on 14th June, 1992.
He and Bachchisinh were in Hyundai car.
While on bail in appeal, Raghunath Yadav, apprehending danger to his life, came to reside at Mehsana in the State of Gujarat.
