2001 (8) TMI 1415 - SC - Indian Laws

Issues Involved:
1. Cause of death of Hamza.
2. Responsibility of the accused for Hamza's death.
3. Existence of a criminal conspiracy to murder Hamza.
4. Guilt of the accused u/s 201 IPC.
5. Guilt of the accused u/s 109 IPC.
6. Guilt of the accused u/s 143 and 148 IPC.
7. Guilt of the accused u/s 511 r/w 302 IPC.
8. Guilt of the accused u/s 194 IPC.
9. Guilt of the accused u/s 25 and 27 of the Arms Act.
10. Offences proved against each of the accused.
11. Sentencing.

Summary:

1. Cause of Death of Hamza:
The learned trial Judge found that Hamza was shot dead at Poinachi while returning from Mangalore on the night of 29.4.1989. The police, after receiving a telephonic message, found Hamza riddled with bullets and lying bleeding in the driver's seat of a Maruti car. He was declared dead upon arrival at the Government hospital at Kasargod.

2. Responsibility of the Accused for Hamza's Death:
The learned trial Judge scrutinized the evidence of PWs 7, 11, 44, and 76, corroborated by PWs 16 and 53, and concluded that the prosecution successfully established that the gold seized belonged to A-1. The evidence indicated that A-3, A-4, and A-5 had active roles in the incident.

3. Existence of a Criminal Conspiracy to Murder Hamza:
The trial Judge found that the prosecution established a conspiracy to murder Hamza involving A-3, A-4, A-5, A-7, A-9, and A-15. The High Court concurred, noting that the conspirators planned and executed the murder in furtherance of their smuggling operations.

4. Guilt of the Accused u/s 201 IPC:
The trial Judge found the appellants guilty of the offence u/s 201 r/w 120-B and 34 IPC for their roles in concealing evidence and screening offenders.

5. Guilt of the Accused u/s 109 IPC:
The trial Judge found that the appellants were not guilty of the offence u/s 109 IPC.

6. Guilt of the Accused u/s 143 and 148 IPC:
The trial Judge found that the appellants were not guilty of the offences u/s 143 and 148 IPC.

7. Guilt of the Accused u/s 511 r/w 302 IPC:
The trial Judge found that the appellants were not guilty of the offence u/s 511 r/w 302 IPC.

8. Guilt of the Accused u/s 194 IPC:
The trial Judge found that the appellants were not guilty of the offence u/s 194 IPC.

9. Guilt of the Accused u/s 25 and 27 of the Arms Act:
The trial Judge found that the prosecution did not establish the guilt of the accused u/s 25 and 27 of the Arms Act.

10. Offences Proved Against Each of the Accused:
The trial Judge found A-3, A-4, A-5, A-7, A-9, and A-15 guilty of offences u/s 120-B IPC, and u/s 302 r/w 120-B and 34 IPC. The High Court upheld these findings, confirming the existence of a criminal conspiracy and the involvement of the accused.

11. Sentencing:
The trial Judge sentenced the appellants to life imprisonment u/s 120-B IPC, and a similar sentence u/s 302 r/w 120-B and 34 IPC, along with five years RI u/s 201 r/w 120-B and 34 IPC. The High Court upheld the convictions and sentences, dismissing the appeals.

The Supreme Court, after reviewing the judgments of the lower courts and the evidence on record, found no illegality or perversity in the approach or appreciation of evidence. The appeals were dismissed, confirming the convictions and sentences of the appellants.

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