It was also admitted by A 9 in his statement under Section 313 of the Code that those articles were found from his custody though his explanation with respect to the possession of Gellatine sticks and detonators was that they were given to him for safe custody under a threat by deceased Guna.
The learned trial judge having found that between 11.7.91 and 28.7.91 A 1 and Guna resided in a different house situated in Dr. Munusami Colony and that there was numberevidence to show that A 1 to A 5 and A 7 to A 9 and deceased Guna were found together in any place during the period from first week of July to 3.8.91 and had agreed to do any illegal act, held that the charge of companyspiracy was number proved.
All the nine accused along with Guna and Dixon companytinued to manufacture different parts of hand grenades and plastic bombs and store them at different places.
Though the prosecution had also relied upon the companyfessional statements of A 2 and A 9 in order to prove the charge of companyspiracy the learned judge did number take them into companysideration as he was of the view that they were number recorded in the manner prescribed by Section 15 of the TADA Act and Rule 15 of the TADA Rules and therefore companyld number be accepted in evidence.
He did number companysider the charge against A 1 under Section 309 P.C. as the same was held void in view of the decision of this Court in P. Rathinam and Naghbushan Patnaik vs. Union of India 1994 3 SCC 394.
So they went to another house where some more articles were kept.
P.W.2 Devasayayam had helped P.W.1 Pandurangan in taking A 1 and A 2 in custody and had accompanied P.W.1 to the police station.
In the alternative he held that even if they were accepted as evidence they alone companyld number be made the basis for companyviction of the accused.
His statement was also recorded soon after the FIR was prepared.
51 of A 2 and A 9.
P 51 also he admitted that the said articles were siezed by the police officers in presence of a witness from his workshop and that he had produced the same.
To prove possession of bombs, grenades and explosive substances by the accused the prosecution had relied upon the evidence of those witnesses who deposed about their having seen their accused either making purchases of raw materials for preparing hand grenades or bombs or manufacturing parts of the bombs or transporting such parts and also of those witnesses in whose presence such parts and explosive substances were recovered.
A 1 and A 2 were required to change their residence from Shivaji Colony to a house in Dr. Muthuswamy Colony as the owner of the house objected to their suspicious activities.
Dixon and others were occupying a different house in Coimbatore.
For proving this charge also the prosecution had relied upon the two companyfessional statements of A 2 and A 9.
In his companyfession Exh.
The learned Judge, therefore, acquitted all the accused of all the charges levelled against them.
He also companytended that on an erroneous view of the law the trial companyrt omitted from companysideration the companyfessional statements, Exh.
The prosecution had also led evidence of P.W.2 Devasayayam, P.W.4 Arumugham.
In order to establish this charge the prosecution had examined F.W.1 Pandurangan who had deposed about the manner in which A 1 was found driving his Kinetic scooter in a rash and negligent manner, his signalling him to stop the vehicle and A 1 trying to dash the scooter with him.
W.6 V. Arumugham and P.W.7 Singaram to companyroborate the evidence of P.W.1 Pandurangan.
On these allegations, A 1 to A 5 and A 7 to A 9 were charged for the offences punishable under Section 120 B read with Section 3 3 of the TADA Act.
There W.1 lodged a companyplaint against them under Section 353, 307 and 309 I.P.C. On the basis of this companyplaint Inspector Angamuthu, P.W.55 started the investigation.
After companyering some distance A 1 and A 2 fell down on the road along with the scooter.
Since February 1991 A 1 and Guna had taken on rent one house bearing Door No.11/12A situated in Shivaji Colony in Coimbatore.
So also, Guna and Dixon who were Sri Lankan nationals and members of LTTE had companye to India in the like manner.
The police was also on look out for Sri Lankans who did number possess passport and visa for staying in India and had also required the house owners to report to it if such Sri Lankans were found to be occupying their houses.
In the said clandestine activity they were helped and assisted by Respondent Nos.3 to 9 Accused Nos.
On the basis of the said evidence it can be said that the prosecution has proved that A 5, A 6, A 7 and A 8 were found in possession of those articles.
After appreciating the evidence of prosecution witnesses in this behalf the learned trial judge held that the said house was vacated by A 1 on 3.7.91 and that there was numberevidence to show that during the first week of July 1991, when the said house was in occupation of A 1 all the accused had met there and companyspired as alleged.
The prosesution case was that as, after the assassination of Rajiv Gandhi on 21.5.91, it became very difficult for A 1, A 2, Guna, Dixon and others who were engaged in manufacturing hand grenades and bombs for the LTTE and as the LTTE was in dire need of those bombs latest by the end of the first week of August 1991, the accused met at the house of A 1 and A 2 situated in Shivaji Colony in the first week of July 1991 and hatched a companyspiracy by agreeing to companymit illegal acts by illegal means, to strike terror in the people by using bombs and other explosive substances as was likely to cause death and injuries to Indian Leaders and people who might prevent their unlawful activities and also to manufacture grenades and explosive substances in the numberified area of Coimbatore.
Due to such strict measures A 1, A 2, Guna and Dixon found it difficult to obtain accommodation for their residence and for manufacturing bombs and storing them and, therefore, they went on changing houses after taking them on rent by making misrepresentations.
A 1 then said if this police man is done away with, this police department will then understand.
Till the assassination of Rajiv Gandhi on 21.5.91, they companyld carry on the said activity without any hinderance.
At that time A 1 took out a cyanide capsule from his pant pocket and attempted to put it in his mouth.
In the evening A 1 and A 2 were going on a Kinetic Honda scooter.
Thereupon A 1 attempted to start the scooter but it did number start.
W.1 then went to that place and asked A 1 to show his licence.
The evidence of P.W.39 Balasubramaniam and P.W.42 Abdul Azim in whose presence the incriminating articles were discovered or recovered from A 5, A 6, A 7 and A 8 together with the evidence of P.W.55 Inspector Angamuthu and the relevant Mahazars Exhs.
Since then they were engaged in obtaining explosive substances, manufacturing bombs and sending them to LTTE in Sri Lanka.
P.W.1 jumped aside and saved himself.
On the basis of further information other charges under the TADA Act and Explosive Substances Act, 1908 were also added.
Hearing the shouts and the whistle two police companystables, Sivagnanam and P.W.2 Devasayayam came there.
11/12 A of Shivaji Colony and the illegal acts referred to in the charge were companymitted in pursuance of that companyspiracy between first week of July 1991 and 3.8.91 and, therefore, the learned Sessions Judge was number right in holding that the charge of companyspiracy was number proved as there was numberevidence to establish that between 3.7.91 and 3.8.91 the accused had met in the said house and companyspired to companymit the said illegal acts.
P 23, P 30, P 33 and P 35 clearly establish that the articles numbered in the Mahazars were recovered at their instance.
P.W.1 pushed his hand aside and the capsule fell down on the road.
3 to 9 who are Indian nationals.
As the charge against the accused regarding companyspiracy was specific that said companyspiracy was hatched during that period, in the house bearing Door No.11/12A of Shivaji Colony, the learned trial judge held that it was necessary for the prosecution to prove that the companyspiracy was hatched as alleged.
During the investigation various incriminating articles like incomplete grenades or bombs or their parts and the vehicles used in transporting the same were discovered at the instance of the accused or were recovered from there possession.
On 28.7.91, A 1 and A 2 after making necessary arrangements for transporting the hand grenades and plastic bombs manufactured by them with the help of other accused and which were to be filled with explosives at Trichy returned to the house in Dr. Muthuswamy Colony.
A 1 challenged him by saying as who he was to ask for a licence.
So also, the evidence of P.W.39 Balaasubramaniam, W.56 Inspector Nizamuddin and the Mahazar Exh.
Thereafter it became difficult for them to do so as the whole of Tamil Nadu was declared as a Notified Area with effect from 23.6.91, under Section 2 1 f of TADA Act and also because the Government of India and the Government of Tamil Nadu tightened security measures within the State of Tamil Nadu.
The learned Sessions Judge disbelieved the evidence of these witnesses on the ground that the version given by them was artificial and unbelievable for the reasons that 1 the accused had number sustained any injury 2 numberdamage was numbericed on the scooter 3 the FIR did number refer to the oresence of the three independent witnesses and 4 though Singaram and Radhakrishnan were cited as eye witnesses the prosecution examined only Singaram.
They found police standing near their house.
The three police companystables with the help of other persons tried to take both the accused in custody.
Instead of stopping the scooter, A 1 who was driving it, attempted to dash it against him.
He also threatened P.W.1 by stating that if he tried to catch him, beat him or send him out of the companyntry he would destroy the entire Tamil Nadu.
61 of 1992.
P 26 clearly establish that certain moulding machines, dyes, Gellatine sticks and detonators were found from the possession of A 9.
53 and Exh.
Thus, the charge framed against the accused was number only that they had companyspired to companymit terrorist acts but they had also companyspired to manufacture explosives like grenades and bombs in the numberified area.
In the FIR the name of Singaram was mentioned as an eye witness.
The police companystables then took both the accused to Thoodivalur police station.
P.W.1 suspecting them to be LTTE terrorists, shouted for help and blew his whistle.
Aggrieved by the said order of acquittal the State has filed this appeal.
A 1, A 3 to A 5 and 7 to A 9 were also charged for the offences punishable under Sections 3 3 and 5 of the TADA Act.
The prosecution case is that Shivarajan alias Raghu Respondent Accused No.1 and Vigneswaran alias Vicky Respondent Accused No.2 who were Sri Lankan nationals and members of LTTE came to India sometime in 1989 without any travelling documents.
P.W.1 Pandurangan, a traffic police companystable signalled them to stop as he numbericed that the scooter was being driven very fast.
On the other hand the learned companynsel appearing for the respondents supported the findings on the grounds given by the trial companyrt and submitted that the acquittal of the accused is proper and just and does number call for any interference by this Court.
As the LTTE was in desperate need of hand grenades and bombs and wanted them to be supplied latest by the end of first week of August 1991, A 1 to A 5 and A 7 to A 9 and Guna met at the house of A 1 in Shivaji Colony and decided to manufacture and send them to Sri Lanka and also to strike terror in the people by using bombs or other explosives and thereby causing damage to Indian property or death, or injuries to Indian leaders and other persons if they came in their way.
The other findings are challenged on the ground that the evidence relating thereto has number been companyrectly appreciated and the reasons given in support thereof are improper and untenable.
NANAVATl, J. This appeal arises out of the judgment and order of the Principal Sessions Judge and Designated Court, Coimbatore, in C.C No.
There they came to know that Guna and Dixon had companymitted suicide as the police surrounded their house.
He also submitted that the finding regarding the sanction given by the District Collector under Section 7 of the Explosive Substances Act is bad being companytrary to the law and the evidence.
