Twenty persons faced trial for alleged companymission of various offences punishable under IPC, TADA Act and Arms Act.
He also requisitioned additional force from Kishan Bhavan, Baidrabad.
On the way he met another police official Irshad Ahmed who was going to see the DSP.
Acquitted accused Vakil Ram was separately charged for offence punishable under Sections 3 4 of the TADA and 25 1B and 27 of the Arms Act.
174/88 and their plan to attack their adversaries to kill them, formed a raiding party with the other police officials including Sub Inspector Mohan Singh, the informant PW 12 , Sub Inspector Gajadhar Chaubey PW 22 , Assistant Sub Inspector S.N. Pandey PW 11 , Constable Ram Binay Singh PW 9 , Constable Amul Kumar Singh PW 10 , Constable Md. Najim PW 8 , Constable Babu Mahto PW 5 and others.
After investigation charge sheet was placed and companynizance was taken for offences relatable to Sections 302, 307, 353, 379, 411, 324, 326, 414, 124A read with Section 34 IPC and Sections 25, 27 and 35 of the Arms Act and Sections 3 and 4 of the TADA Act.
Thereafter, the firing is supposed to have started from both sides.
As a result of firing by the extremists Hridyanand Puri received injury in his hand.
One of the extremists snatched his rifle who was shot at by firing made by Babu Mahto PW 5 .
Taking stock of the situation, the informant apprehending threat on the life of police party as well as snatching of the ammunition, ordered for firing.
On search of the house of Vakil Ram in presence of witnesses, arms, ammunitions, several documents, files, letters regarding banned organisations, rifles, cartridges and carbine were seized.
In order to substantiate its accusations, 25 witnesses were examined by the prosecution.
Again while one of the extremists attempted to flee away with the rifle, the deceased snatched it after chasing him.
It may be that they are responsible for the killing of the deceased and for the injuries on the police companystables.
It was held that they were entitled to the benefit under the said Act.
On the firing made by Hridyanand Puri, one of the extremists was killed followed by three rounds of firing by Babu Lal Manjhi PW 18 and five rounds of firing by Md. Nazim PW 8 .
3 persons have been killed who were claimed to be terrorists by the prosecution.
As a result of the firing, companystable Amul Kumar Singh PW 10 was hit on his left side of the body.
Two of them i.e. A 8 and A 9 died during trial.
In the meantime DSP Arwal arrived along with Sub Inspector Irshad Imam and additional reinforcement.
As a result of the firing, one more extremist was killed.
It came to light that the extremists were fleeing away by making firing and he along with other police personnel chased the extremists for seizing their arms, but they managed to flee away.
In the meantime, the extremists started firing upon the police party, who by taking position behind a door fired at the extremists.
They also apprehended Shanti Devi A 8 along with two children Lila and Chandan from a room situated south of the companyrtyard of the house.
At about 11.30 a.m. on reaching village Bhadasi, the police party proceeded towards the house of acquitted accused Vakil Ram along with Sant Prakash PW 3 and Jitendra Prasad PW 4 by observing the required procedures.
Further, the prosecution evidence is to the effect that on getting secret information the police officials went to the spot of occurrence and then some one amongst them is supposed to have cried out that police officials have companye and got weapons.
On reaching the house of Vakil Ram, the deceased posted some police personnel with Sub Inspector Gajadhar Choudhary at the gate of the house, and sent another section of force with S.N. Pandey towards eastern numberthern direction.
While the accused persons started fleeing, some of them Lakshman Sao A 5 , Lakhi Choudhary, Shyama Choudhary A 7 , Madan Singh A 10 , Ajit Kumar A 6 , Ram Janam Ram A 3 , Nanhe Rajwar A 4 , Manhgu Choudhary A 15 , Mahendra Choudhary, Shorai Choudhary A 12 , Baleshwsar Choudhary A 14 , Arvind Chaudhary A 13 were apprehended by the police party.
On seeing the police party accused Mukaiya Shah Chand of Bhadasi A 1 directed others to bring rifles and carbines and to kill the police party, whereupon the accused persons started firing by going inside a room.
The accused persons pleaded innocence and examined 5 witnesses.
Even after firing by the police the accused persons companytinued firing on the police party which companypelled the police party for further firing, which caused injury in the leg of one extremist, who started fleeing away.
Each of the companyvicted accused appellants was given life imprisonment for the offences punishable under Section 302 read with Section 149 IPC and Section 3 2 i of the TADA Act in addition to 7 years and one year custodial sentence imposed for the offence relatable to Section 307 read with Sections 149 and 353 IPC respectively.
The informant claimed to have identified Tribhuwan Sharma A 18 , Dr. Jagdish A 16 , Arun Kumar Bharti A 17 , Churaman Bhagat A 2 besides Shah Chand Mukaiya A 1 while they were fleeing.
With Crl.
The deceased along with others on entering the house saw 20 25 persons there.
Prosecution version as unfolded during trial is as follows According to the first information report Ext.4 lodged on 27.11.1988 Sri Rasid Imam hereinafter referred to as deceased the officer in charge of Arwal Police Station on receiving information about assemblage of extremists at village Bhadasi in the house of acquitted accused Vakil Ram, with police revolver and other ammunitions looted from the police giving rise to Arwal P.S. Case No.
He was asked by the deceased to inform the DSP in regard thereto.
But in between the extremist had made firings as a result of which the deceased died at the spot.
On reaching Jahanabad, more additional force companysisting of Hridyanand Puri PW 17 , Babu Lal Manjhi PW 18 and others reported to him.
A companyy of the seizure list was handed over to Ram Janam Ram son of Vakil Ram.
1297 of 2003 ARIJIT PASAYAT, J. In this appeal under Section 19 of Terrorist and Disruptive Activities Prevention Act, 1987 in short the TADA Act the appellants question their companyviction for offences punishable under Section 302 read with Sections 149, 307 read with Sections 149, 352, 379 of Indian Penal Code, 1860 in short the IPC , Section 27 of the Arms Act, 1959 in short the Arms Act and Section 3 2 i of the TADA Act as done by the Sessions Judge, Jahanabad cum Special Judge, TADA.
In spite of the injury, said Amul Kumar Singh PW 10 fired one round, but fell on the ground.
After entering the information in the station diary he proceeded to village Bhadasi.
Two other accused persons were held to be juveniles within the meaning of Juvenile Justice Care Protection of Children Act, 2000 in short the Juvenile Act .
