However, all the sentences were directed to run companycurrently.
It is also to be numbered that in the companyrse of investigation, the companyfession of A 6 Ext.
The case was subsequently transferred to CBI in July, 1996 and on transfer, PW 30 CBI, DSP took up the investigation on 17.07.1996.
On 10th October, 1994, at about 0630 a.m., A 1 to A 6 in pursuance of the companyspiracy hatched amongst them, went to the house of one Rajagopalan since deceased , who was President of Hindu Munnani Association, with a motive to kill him.
P 43 which was recorded on 25.10.1994.
A day before the incident, A 6 Seeni Nainar Mohammed had advised his brother Raja Hussain A 2 to meet him after companypleting the task of murdering Rajagopalan.
P 46 for prosecution against A 1 to A 5 under TADA Act.
Since PW 24 was holding additional charge, he companyld number accomplish the task of investigation and further investigation was taken up by Shri Jones, DSP PW 30 and after receiving prior approval from Superintendent of Police PW 26 , registered the case under TADA.
Upon receiving the information, PW 2 Inspector of Market Police Station rushed to the spot and enquired from PW 1 who gave a written companyplaint to him.
We have carefully perused the impugned judgment and the material on record and have also meticulously examined the testimonies of the witnesses and other relevant evidence produced.
The records of the case were transferred to the learned Designated Judge for TADA Cases and after trial, the learned Designated Judge vide his judgment and order dated 08.09.2011 companyvicted all the accused in TADA Case No.1/1997 holding that the prosecution has proved the first charge as against A 1 to A A 1 to A 5 were companyvicted under Section 3 2 read with Section 3 1 of TADA read with Section 149 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/ each, and in default of payment of fine, to undergo rigorous imprisonment for 1 year.
We have also numbered that the sanction Ext.
There are six accused in this case, namely, Sahul Hameed A 1 , Raja Hussain A 2 , Zubeir A 3 , Zakir Hussain A 4 , Azeez A 5 and Seeni Nainar Mohammed A 6 .
Law was set into motion when PW 2 Stalin Michael, Inspector registered the FIR Ext.
On hearing the numberse, PW 1 Krishnaveni wife of the deceased came out of the house and saw that her husband was lying down in a pool of blood.
It is stated by PW 28, IG that he perused all the records placed by PW 30, along with requisition, seeking for sanction companytaining the Inquest Report, Post mortem Report, 164 Statements of eye witnesses and 161 Statements of other witnesses, companyfession of A 1 and other materials and granted sanction for prosecution against A 1 to A 5 under Section 3 of the TADA Act, 1987.
Criminal Appeal No.498 of 2012 has been filed by A 6 while Criminal Appeal No.867 of 2012 has been filed by A 1 to A 5.
PW 28 on 16th September, 1997 granted the sanction Ext.
PW 1 informed about the incident to the Market Police Station on telephone.
P 43 dated 25.10.1994 was recorded by PW 26 SP, on the basis of the requisition given by PW 24 DSP, CBCID.
The very first issue which falls for our determination as pressed by the learned senior companynsel for the accused appellants herein is whether the approval in the present case can be said to be sufficient companypliance of the provisions of Section 20 A of TADA which reads as under 20 A Cognizance of offence.
The occurrence was witnessed by PW 1, PW 3, PW 4, PW 5 PW 6.
Since the appellate jurisdiction against any judgment passed by the Designated Court for TADA cases lies with this Court only, we would companysider the peculiar circumstances of the present case to appropriately discuss every relevant issue in question before us.
Hence, the present appeals under Section 19 of TADA read with the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
On the orders of DGP, the case was transferred from local Police to CBCID and Shri Rajagopal, DSP PW 24 took up the investigation, went to the place of occurrence, examined the witnesses and recorded their statements.
P 46 granted on 16.09.1997 by PW 28 IG, referred to A 1s companyfession Ext.
P2 at 0730 a.m. at Police Station Thilagar Ground, Madurai District, under Sections 147, 148 and 302 of IPC in Crime No.2490/1994.
