LexMADAN SINGH versus STATE OF BIHAR
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A MADAN SINGH v. STATE OF BIHAR APRIL 2. 2004 B [DORA!SWAMY RAJU AND ARIJIT PASA YAT, JJ.] Penal Code, 186-Sections /./9. 302, 307, 352 and 379-Terrorist and ,.._ ' Dismptive Activities (Prevention) Act, 1987-Sections 3 and 19-Arms Act, C 1959-Section 27-Assemblage of extremists with arms and ammunition looted from police at a particular place and plan to attack their adversaries to kill them-Raid by police party leading to firing from both sides-As a result police official died, others injured and also three extremist died-Seizure of arms, ammunition, several documents, files, letters regarding banned organi=ations from the place of occurrence-Case of accused that they had D gathered for reaping singada and also were appre 11ending attack by higher caste people--Conviction and sentence under !PC, Arms Act and TADA- Justiflcatio11 of--Held: Evidence and materials sei:::ed establish that criminal acts commi!led in furtheranc~ of common object as such section 149 right~v applied-literatures sei=ed shows that accused involved in activities covered E by section 3 of TADA-Hence, conviction and se/1/ence justified. F Penal Code, 1860-Section 1./9-Applicability of-For fastening constructive liability on members of 11nla11fit! assembl;~General principles- Discussed. IV ords and Phrases : Terrorism '-Meaning of in the context of section 3 of the Terror isl and Dismptive Actil'ities (Prevention) Act, 1987. Terrorism '-Meaning-Discussed. and explained. According to the prosecution, officer-in-charge of the Police Station G received information about assemblage of extremists in the house of accused No. 5 with their plan to attack their adversaries and kill them. Offic1:r-in- charge formed a raiding party with other police officials. On reaching the house they saw 20-25 persons. Accused, A-I directed others to bring rifles and carbines to kill the police party. As a result firing took place between the parties. Officer-in-charge died on the spot and others in the police party H 692 }• ' I I MADAN SINGH"· STATE OF BIHAR 693 sustained injuries and also three of the extremist died. When accused persons A started fleeing some of them were apprehended. Search was conducted at the house of accused 5 and arms, ammunitions, documents, files, letters regarding banned organizations were seized. Sessions Judge-cum-Special Judge, TADA convicted and sentenced appellant-accused for offences punishable under sections 302 and 307 read with section 149 and section 352 and 379 IPC, section 27 of Arms Act and section 3(2)(i) of Terrorist and Disruptive Activities B (Prevention) Act, 1987. Hence the present appeal. Appellant-accused contended that there is no evidence to show that the accused persons were terrorists or extremists or that the activities alleged are encompassed by Section 3(1) of TADA Act; that it has not been shown that C the assembly had any common object to commit any crime or any member of the assembly had knowledge that crime was likely to be committed as such Section 149 lPC has no application; that the extremists killed may have been responsible for the killing of the deceased and for the injuries on the police constables; that no arms were recovered when the persons were apprehended; that there is no evidence to show as to who had fired the gun or had asked to D start firing; that even if there was any assembly it cannot be said that the same was unlawful; that the definite case of the accused was that there was a dispute regarding cutting of singada; that as they were apprehending danger from the higher caste people, some of them might have been armed to protect themselves; that the trial Court acquitted the accused in whose house the E alleged occurrence took place; and that the place of occurrence has not been established by cogent evidence. Respondent-State contended that the materials seized clearly show that there was planned preparation and intention to cause terrorist activities; that , ~. the factual scenario shows the existence of common object and that the accused p persons were well prepared to commit violent acts; that if the assembly was for protection from an attack by higher caste people, the arrival of the police would have been welcomed and the normal conduct could have been to inform the police personnel on their arrival about their so called fears and to seek their assistance or protection and not to start firing at them; that the pl
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