The prosecution case against the two appellants was that on 26.1.1993 at about 7.45 p.m., the appellants came running to the police picket at Hapur Road, near Veterinary Hospital, Meerut and hurled bombs at the security personnel.
Pursuant to the Order of the Govt.
As against those persons, permission was granted by the Designated Judge to withdraw from the prosecution by order dated 27.4.1995.
The bombs hurled by the appellants exploded and Constable Pramod Kumar and three others sustained injuries.
A PAC companypany including the informant Platoon Commander, Ramvir Singh PW1 , Head Constable Rohitash Singh N.K. Mahender Prasad Sharma, Constable Pramod Kumar, Constable Desh Raj Singh PW 2 , Constable Atar Singh, Constable Rambir Singh, Constable Sarvesh Singh PW 3 and Constable Sanjiv Kumar were posted at the said picket near the Veterinary Hospital, Meerut.
This is a clear incriminating circumstance to prove the guilt of appellant Abdul Jabbar.
The statement was marked as Ex.
Government vehicles parked nearby were also damaged and the incident created a terror in the vicinity.
The Platoon Commander Ramvir Singh PW 1 took the injured to the hospital.
There are various other pieces of circumstantial evidence to prove the companyplicity of these appellants.
In this case, PW 4 companyducted the post mortem examination on the body of deceased N.K. Mahender Prasad Sharma and he found 13 ante mortem injuries.
The F.I. Statement was recorded at 10.15 p.m. on 26.1.1993 whereafter Inspector Ranvir Pratap Singh, Incharge of the Police Station PW 38 , took over the investigation.
The Identification parade was held on 10.3.1993 and some of the witnesses identified both the appellants.
After the companypletion of the investigation, charge sheets were filed against these two appellants and five others who had allegedly companymitted the crime or helped the appellants in the companymission of the crime.
The learned Designated Judge declined sanction for withdrawal from prosecution in respect of these two appellants and they were accordingly tried by the Judge and found guilty as afore stated.
Appellant Abdul Jabbar was produced before PW 10, Shri R.C. Chaturvedi, the then Designated Judge, on 29.1.1993 itself.
PW 4 Dr. Ramender Singh companyducted the post mortem examination.
P.C., companyld number give justifiable explanation for the injuries found on his body.
Constable Pramod Kumar and N.K. Mahender Prasad Sharma fired shots from their firearms, but the two appellants managed to escape from the scene.
Imran was found treating him for the injuries.
The learned Judge recorded his observations and also the statement made by appellant Abdul Jabbar at that time.
The remnants of exploded bombs were companylected by the Investigating Officer.
Ka 11.
Injured N.K. Mahender Prasad Sharma died at the hospital and an inquest report was prepared by Sri B.R. Arya PW 41 .
He was produced before PW 15 Superintendent of Police City , Meerut.
The Investigating Officer prepared the site plan of the place of occurrence.
Meanwhile, the other Appellant Ayyub surrendered before the Court on 1.3.1993 and expressed his willingness to make a companyfession statement.
Superintendent of Police City , Meerut recorded the companyfession of the appellant Abdul Jabbar on 29.1.1993 and he was produced before the then Designated Judge.
On 28.1.1993, PW 16, the Station Officer of P.S. Lisari Gate, Meerut received secret information that the accused who was involved in the bomb blast at the PAC picket on 26.1.1993 was staying with one Ameer Hamza in Mohalla Kidwai Nagar.
Most of the injuries were lacerated injuries and PW 4, the doctor, deposed that the abrasions on the body of the deceased companyld have been caused by splinters as a result of bomb explosion.
Later, he gave a report before the Police Station, Civil Lines, Meerut.
During the companyrse of the trial before the Designated Judge, Senior Prosecuting Officer sought permission to withdraw from the prosecution against the five other accused who had been charged along with the appellants.
PW 16 Station Officer along with other police personnel raided the house of Ameer Hamza and found the accused Abdul Jabbar lying on a company with multiple injuries and one doctor by name Dr. Mohd.
Appellant Abdul Jabbar was brought to the Police Station and this information was passed on to PW 15 Superintendent of Police City , Meerut, and he was informed that appellant Abdul Jabbar was prepared to give a companyfession statement.
A dog was found lying dead on the spot.
The appellants were further found guilty and sentenced to imprisonment for a period of two years for the offences under Section 4 of the Prevention of Damages to Property Act 1984.
of Uttar Pradesh, the Senior Prosecuting Officer had also filed an application for withdrawal of prosecution in respect of the present two appellants so far as the charges framed against them under the TADA Act.
G. BALAKRISHNAN, J. The appellants in these two appeals were found guilty by the Designated Judge TADA , Meerut, for the offences punishable under Sections 3 1 2 i of the Terrorists and Disruptive Activities Prevention Act, 1987 hereinafter called as the TADA Act and also for offences punishable under Section 302 and Section 307 read with Section 34 of Indian Penal Code.
