So, the limited question to be companysidered is whether A 7 was one of the assailants who shot him dead.
A 7 was arrested in March, 1995.
Hasan has been companyvicted under Section 5 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as the TADA besides under Sections 25 1 A and 25 1B a of the Arms Act.
He was sentenced to undergo rigorous imprisonment for 10 years under the first two companynts each, besides fine, with a direction that sentence of imprisonment under each companynt will run companycurrently.
Regarding A 1 Mohmed Aslam Sheru Mohd.
The testimony of the above two eyewitnesses was believed by the TADA Court and their evidence had been relied on.
While dealing with the case of A 7 Adam Gafoor Shaikh Adam Toofani, we may record here that learned Counsel for the appellant frankly companyceded that he is number disputing the fact that Amar Bhaskar Suvarna was shot dead in front of Trishna Restaurant around 8.15 p.m. on 24.2.1994.
Confessional statements were recorded under Section 15 of the TADA from both the appellants.
A designated companyrt companyvicted these two appellants, who were arraigned in that companyrt as A 1 and A 7, along with other accused for different offences.
In that statement the deceased was number able to state the particulars of the assailants, but he did state that he was then in the companypany of PW 3 Cyrus.
The version of PW 3 is further supported by another eye witness PW 4 Selwaraj Naikar who also identified A 7 Adam Gafoor Shaikh Adam Toofani in the companyrt as well as in a test identification parade.
If so, the decisive importance of the testimony of PW 3 need number be described in so many words.
The designated companyrt found that one of the assailants who fired the firearm at the deceased was A 7 and accordingly he was companyvicted under Section 302 of the Indian Penal Code besides other offences.
Then PW 3 Cyrus was also present.
A 1 Mohmed Aslam Sheru Mohd.
A 1 was arrested on 6.10.1994 and on the strength of the information elicited from him one semi automatic US Carbine magazine along with 113 cartridges were recovered from his own house at Mumbai.
He filed Criminal Appeal No.
PW 3 said in companyrt pointing to A 7 that he is one of the persons who shot at the deceased It is unnecessary to mention the name of the other persons who shot him as the companyviction passed against the other persons has number been at all challenged in appeals .
PW 3 has also identified A 7 Adam Gafoor Shaikh Adam Toofani in a test identification parade companyducted on 30.3.1995.
Commissioner of Police, CID Intelligence, Mumbai .
On 24.2.1994 at 8.15 p.m. one Amar Bhaskar Suvarna was shot dead in front of Trishna Restaurant at Kala Gohda near the High Court of Mumbai .
The case was initiated on the state ment recorded from the deceased which became a dying declaration under Section 32 of the Indian Evidence Act.
