TMI Blog1999 (9) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... which too the appellant was convicted including Section 302 read with Section 34 IPC. This appeal was filed by the appellant as of right since it is so provided under Section 16 of the TADA 1985. The remaining 6 accused in the array of the indicted persons were found not guilty of any offence and hence they were all acquitted. Two others were also shown as participants in the same offences, one Harinder Singh alias Billa (he later died on account of the bullet wounds sustained) and one Jurnail Singh (he is now a proclaimed offender as his whereabouts are still untraced). As appellant has been in jail for a period exceeding 14 years in connection with this case, his learned counsel seems to be disinterested in canvassing for an acquittal. But he focussed all his efforts to have the sentence brought down to imprisonment for life for the main offence as he feels that the maximum term of fourteen years which appellant has already spent in jail would help him to get the benefit of a release order from jail authorities. But the question of sentence need be considered only if his conviction is liable to be upheld because we are dealing with the first appeal which appellant, as of right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers to their ranks who had impulsively deserted Defence Services on hearing the news of the destruction of Akal Takht. The above was the backdrop of the murderous attack launched on Sant Longowal. According to the prosecution case a criminal conspiracy hatched by some persons to eliminate deceased Sant Longowal and his henchmen for the acts of betrayal of Sikh Panth. They considered it imperative to teach all such betrayers a lesson and terrorise all those who declined to obey the edicts issued by the organisations spearheaded by Jurnail Singh Bhindaranwale. On 30.7.1985 an attempt was made on Sant Longowal and his comrades when they visited Golden Temple at Amritsar. But the attempt did not succeed due to some unforeseen developments. Though the security cover of Sant Longowal was beefed up consequent on the aforesaid attempt on his life, the determined conspirators were not deterred by any such security measures. The conspirators came to know that Sant Longowal was scheduled to address a meeting on 20.8.1985 at Sherpur Gurudwara. Appellant and his co-assailants were entrusted with the risky task of shooting Sant Longowal and his colleagues. Revolvers and cartridges were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to shoot the persons on the stage. PW-30 Rajinder Singh, PW-34 Karamjit Singh, PW-35 Santosh Singh, PW-40 Joginder Singh, PW-41 Sher Singh and PW-102 Amir Singh were the other eye-witnesses examined by the prosecution. Among the above eye-witnesses PW-34 had sustained injuries while assailants fired revolvers. PW-40 Joginder Singh was the General Secretary of Akali Dal District Committee. Both of them narrated that after Sant Longowal completed his speech, purses were presented to him by some people in the audience as contributions towards the movement which Sant Longowal spearheaded. Thereafter Jaikara was said (it is the traditional slogan of Sikh people) and it was then the appellant opened firing from a distance of 5-6 karms away from the stage. They and PW-29 Surinder Singh have said that Sant Longowal was dragged backwards to save him from further onslaughts, and one person tried to catch the appellant but he too was shot at by the appellant; thereafter appellant took to his heels and he was chased and intercepted. When the police came, they took charge of the appellant and they also took into custody the revolver from the hands of the appellant. PW-41 Sher Singh was the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... native punishment even for the most serious offence, i.e. death or imprisonment for life. In State vs. Nalini {1999 (5) SCC 253} a three- Judge Bench of this Court has quoted the dictum laid down in Hitendra Vishnu Thakur vs. State of Maharashtra {1994 (4) SCC 602} with approval and concluded thus: Thus the legal position remains unaltered that the crucial postulate for judging whether the offence is a terrorist act falling under TADA or not is whether it was done with the intent to overawe the Government as by law established or to strike terror in the people etc. Here, there is overwhelming evidence to show that the main intention of the persons who fired the revolvers towards the podium wherefrom Sant Longowal spoke, was to administer a terror or shock wave to the people at large that the fate of all those who did not fall in line with Bhindaranwala and AISSF would be the same as inflicted on the victims of the shoot out at Sherpur. Sant Longowal was not the only target of the shooters, though perhaps he was one of the principal targets. We have, therefore, no doubt that the said act would fall within the ambit of Section 3(1) of the TADA Act 1985. It does not require much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 6 of the General Clauses Act. Incidentally it has to be pointed out that in the expired statute i.e. TADA 1985 there is a saving clause which is embodied in Section 1(3) which mandates for a different outflow even after the expiry of the Act. The sub-section reads thus: It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and shall remain in force for a period of two years from the date of its commencement, but its expiry under the operation of this sub-section shall not affect- (a) the previous operation of, or anything duly done or suffered under, this Act or any rule made thereunder or any order made under any such rule, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under this Act or any rule made thereunder or any order made under any such rule, or (c) any penalty, forfeiture or punishment incurred in respect of any offence under this Act or any contravention of any rule made under this Act or of any order made under any such rule, or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of every person that he should not be subjected to greater penalty than what the law prescribed, and no ex post facto legislation is permissible for escalating the severity of the punishment. But if any subsequent legislation would downgrade the harshness of the sentence for the same offence, it would be a salutary principle for administration of criminal justice to suggest that the said legislative benevolence can be extended to the accused who awaits judicial verdict regarding sentence. In the above context a reference to Section 25 of the TADA 1987 will provide added strength to the above proposition. Section 25 reads thus: 25.Over-riding effect.- The provisions of this Act or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. There is inconsistency between the sentencing scope in Section 3(2) of TADA 1985 and in the corresponding provision in TADA 1987. The expression in any enactment other than this Act would, under section 25, encompass even enactment which, thou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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