1999 (5) TMI 633 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of convictions under TADA Act.
2. Admissibility and evidentiary value of confessions under Section 15 of TADA Act.
3. Determination of criminal conspiracy and individual involvement.
4. Appropriateness of death sentences awarded.

Summary:

1. Legality of Convictions under TADA Act:
The Court found that the conviction of the accused under Sections 3, 4, and 5 of the TADA Act could not be sustained. The charges under these sections were dismissed for all the accused. The Court noted that the intention to overawe the Government or to strike terror, essential for TADA charges, was not explicitly mentioned in the charges framed against the accused.

2. Admissibility and Evidentiary Value of Confessions under Section 15 of TADA Act:
The Court held that confessions recorded under Section 15 of TADA Act are admissible in trials for offences under the TADA Act and other connected offences tried together. The Court clarified that such confessions are substantive evidence against the maker and co-accused, abettor, or conspirator if they are charged and tried in the same case. The Court rejected the argument that such confessions could only be used for corroboration, affirming that they are substantive evidence.

3. Determination of Criminal Conspiracy and Individual Involvement:
The Court examined the confessions and other evidence against each accused. It confirmed the conviction of A-1 (Nalini), A-2 (Santhan), A-3 (Murugan), A-9 (Robert Payas), A-10 (Jayakumar), A-16 (Ravichandran), and A-18 (Arivu) under Section 120B read with Section 302 IPC. The Court acquitted other accused of the conspiracy charges under Section 120B read with Section 302 IPC due to lack of sufficient evidence proving their involvement in the conspiracy to assassinate Rajiv Gandhi.

4. Appropriateness of Death Sentences Awarded:
The Court considered the aggravating and mitigating circumstances for each accused. It confirmed the death sentences for A-1 (Nalini), A-2 (Santhan), A-3 (Murugan), and A-18 (Arivu), finding their cases to fall within the "rarest of the rare" category. The death sentences of A-9 (Robert Payas), A-10 (Jayakumar), and A-16 (Ravichandran) were commuted to life imprisonment. The Court emphasized the gravity of the crime, the planning involved, and the impact on the nation while determining the appropriateness of the death penalty.

Conclusion:
The Court set aside the convictions under TADA Act for all accused. It confirmed the convictions under Section 120B read with Section 302 IPC for A-1, A-2, A-3, A-9, A-10, A-16, and A-18. The death sentences for A-1, A-2, A-3, and A-18 were confirmed, while the death sentences for A-9, A-10, and A-16 were commuted to life imprisonment. All other accused were acquitted of the conspiracy charges and ordered to be released if not required in any other case.