MD. JAMILUDIN NASIR versus STATE OF WEST BENGAL

Citation: [2014] 14 S.C.R. 1 · Decided: 21-05-2014 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014] 14 S.C.R. 1 
MD. JAMILUDIN NASIR 
v. 
STATE OF WEST BENGAL 
(CriminalAppealNos.1240-1241 of2010) 
A 
MAY21, 2014 
B 
[A. K. PATNAIK AND 
FAKKIR MOHAMMED IBRAHIM KALIFULLA, JJ.] 
Penal Code, 1 B60: 
SS. 121A, 121, 122, 302, 307, 333, 467, 471and46B 
rlws.1208-ArmsAct, 1959-ss. 25(1A), 27(2), and27(3)-
C 
Waging of war against State - Pre planned attack on police 
force at American Centre by accused-A 1 and AB along with 
the absconding accused and other accused, resulting in 
death of five police personnel and grievous injuries to 15 
police personnel along with civilians as also damage to D 
public property- Conviction of A 1, AB and others u/ss. 121A, 
121, 122andss. 302, 307, 333, 467, 471and46Brlws.1208 
and ulss. 25(1A), 27(2), and 27(3) oftheArmsActrlw s. 1208 
- Imposition of death sentence for the said offences -
Conviction of accused persons on the basis of confession of E 
A1, eye witness account of witnesses, oral evidence of 
prosecution witnesses and various exhibits - As regards 
accused-A 1 and AB, order upheld by the High Court-Appeal 
before this Court by A 1 and AB - Held: Factors established 
prove that A 1-main conspirator of the attack and AB-
F 
mastermind of the attack, along with other accused waged a 
war or attempted to wage a war against the Government of 
India, for which they all conspired together and committed 
the said offence -Apart from the confession of A 1, medical 
evidence, oral and documentary evidence, material objects G 
support the prosecution case - Confession of A 1 recorded 
in accordance with s. 164 Cr.PC- Confession of A 1 contained 
facts and "figures disclosing the crimes in which they were 
involved as a gang by conspiring together with the foreign 
1 
H 
2 
SUPREME COURT REPORTS 
(2014] 14 S.C.R. 
A nationals and some terrorist organisation -
There was 
sufficient corroboration of the contents of the confession of 
A 1 - Confession of A 1 can be relied upon as against co-
accused-A B- Thus, prosecution justified in relying upon the 
confession while resting its case on other evidences -
B Offence charged against appellant conclusively proved 
except uls. 27(3)- Conviction of A1 andAB ulss. 121A, 121, 
122,. 302, 307, 333, 467, 471 and 46B rlw s. 1208 upheld. 
ss. 121, 121A and 122 /PC rlw 1208 - Offence of 
conspiracy-,. Important facet of- Held: Conspiracy is a distinct 
C offence -All conspirators are liable for the acts of each other 
of the crime or crimes whichhave been committed as a result 
of the conspiracy- In the instant case, though the conspiracy 
was hatched in secrecy having regard to the oral and 
documentary evidence supported by the confession of A 1, 
D the existence of the conspiracy, the object of the conspiracy 
and the knowledge on the above for the participants of the 
conspiracyfullyestablished-Thus, chargeulss. 121, 121A 
and 122rlw1208 attracted. 
· ss. 121, 121A .and 122- Conviction under, for waging 
E of war against the State - General principles to be applied-
Explained. · 
·Sentence/Sentencing: 
Conspiracy to wage war against India -Attack on police 
F force at American Centre by A 1 ·and AB along with other 
accused, resulting in death of five police personnel and 
grievous injuries to 15 police personnel along with civilians 
--'Accused held guilty Of offences ulss. 121, 121A, 122 rlw 
1208 /PC as well as ulss. 302, 307, 333 !W 120 8 /PC -
imposition of death sentence- Challenged to, by A 1 and AB 
G - Held: In· view of magnitude of the offences, the manner in 
which it was carried out, the disastrous effect it caused, the 
animus with which the offence came to be committed, 
extreme punishment of death should be awarded to the 
'H 
MD. JAMILUDIN NASIR v. STATE OF WEST BENGAL 
3 
accused-As regliJrdS the extent of participation, role of AB-
A 
· mastermind of the attack is of very high magnitude and the 
role of A 1-main conspirator of atta~k is slightly lesser in 
degree, though the magnitude of the crime was the same -
However, in view of the facts and circumstances of the case 
death sentence not warranted, though deterrent punishment B 
called for- Imposition of death penalty for offences ulss. 121, 
121A, 122 rlw 1208 /PC modified to life imprisonment-AB 
to suffer life imprisonment till the end of his life and.A 1 for a 
minimum period of 30 years without any remission - ss. 
121A, 121, 122, 302, 307, 333, 467, 471and46Br/ws.1208. c 
. 
. 
Chargesulss. 121, 121A, 122rw1208asalso3021PC 
for waging of war against State and k

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