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1999 DIGILAW 682 (SC)

State through Superintendent of Police v. Nalini

1999-05-11

D.P.WADHWA, K.T.THOMAS, S.S.MOHAMMED QUADRI

body1999
ORDER : K.T. Thomas, J. - The conviction and sentence passed by the trial court of the offences of Section 3(3), Section 3(4) and Section 5 of the TADA are set aside in respect of all those appellants who were found by the trial court guilty under the said counts. 2. The conviction and sentence passed by the trial court of the offences under Sections 212 and 216 of the Indian Penal Code, Section 14 of the Foreigners Act, 1946, Section 25(1-B) of the Arms Act, 1959 Section 5 of the Explosive Substance Act, Section 12 of the Passports Act, and Section 6(1-A) of the Wireless and Telegraph Act, 1933, in respect of those accused who were found guilty of those offences, are confirmed. If they have already undergone the period of sentence under those counts it is for the jail authorities to release such of those against whom no other conviction and sentence exceeding the said period have been passed. 3. The conviction for the offence under Section 120-B read with Section 302 Indian Penal Code as against A-1 (Nalini), A-2 (Santhan @ Raviraj), A-3 (Murugan @ Thas), A-9 (Robert Payas), A-10 (Jayakumar), A-16 (Ravichandran @ Ravi) and A-18 (Perarivalan @ Arivu), is confirmed. 4. We set aside the conviction and sentence of the offences under Section 302 read with Section 120B passed by the trial court on the remaining accused. 5. The sentence of death passed by the trial court on A-1 (Nalini), A-2 (Santhan), A-3 (Murugan) and A-18 (Arivu), is confirmed. The death sentence passed on A-9 (Robert), A-10 (Jayakumar) and A-16 (Ravichandran) is altered to imprisonment for life. The reference is answered accordingly. 6. In other words, except A-1 (Nalini), A2 (Santhan), A-3 (Murugan), A-9 (Robert Payas), A-10 (Jayakumar), A-16 (Ravichandran) and A-18 (Arivu), all the remaining appellants shall be set at liberty forthwith. Order accordingly.