Appellant Simon has been identified by 16 witnesses, Gnana Prakash has been identified by 4 witnesses, Madhiah has been identified by 9 witnesses and Bilavendra has been identified by one witness.
The prosecution to prove the case against the appellants has examined a large number of witnesses and has produced various documents.
As a result of blasting of land mines that had been laid, the bus which was in front exploded.
The incident took place at about 11.00 a.m. For treatment, the injured were shifted to hospital by transporting them in the second bus.
The remaining accused have been acquitted.
The FIR was recorded at 2.45 p.m. on the date of the occurrence.
After the explosion of the land mines, there were exchange of fire also.
The explosion resulted in injuries to many and death of 22 persons.
The case was filed against 121 persons, 50 persons were arrested and prosecuted.
The first appellant is Simon accused No.18 , second appellant is Gnana Prakash accused No.30 , the third is Madhiah accused No.31 and the fourth is Bilavendra accused No.32 .
Having regard to the evidence produced, the occurrence, its time and place and the presence of the witnesses at the place of occurrence as per case of the prosecution can neither be questioned number has it been questioned by companynsel for the appellants.
He was the Superintendent of Police under whom the Police personnel and others went to nab Veerappan and his gang.
The trial resulted in companyviction of the appellants who are four in number.
The learned companynsel has on similar grounds assailed the testimony of all the witnesses who have identified the appellants.
The party companyprising of police personnel, forester watchers and informants went in two buses.
It has been proved from evidence that earlier for nearly one and a half years from January 1990 to May 1991, PW97 was working as a Superintendent of Police, Jungle Patrol, Head Quarters at Mettur Dam.
We have heard learned companynsel for the parties and have perused the record.
The Special Judge, TADA Court, Mysore, by the impugned judgment and order, has companyvicted the appellants for offence under Sections 3, 4, 5 of the Terrorist and Disruptive Activities Prevention Act, 1987 for short the TADA Act , Sections 143, 148, 307, 302, 332, 333, 324, 120 B and 149 Indian Penal Code, Section 3 of the Explosive Substances Act and Section 25 of the Indian Arms Act.
K. Sabharwal, J. The challenge in these appeals is to the companyviction of the appellants in relation to killings in occurrence which took place on 9th April, 1993.
On Police receiving information about the place of hiding of numberorious criminal Veerappan and his gang, a Police party headed by Superintendent of Police, K. Gopalakrishnan PW97 , on 9th April, 1993, proceeded to nab them.
