Case Note & Summary
The case involved the assassination of former Prime Minister Shri Rajiv Gandhi on May 21, 1991, in Sriperambudur, Tamil Nadu, resulting from a conspiracy linked to the Liberation Tigers of Tamil Eelam (LTTE). The Central Bureau of Investigation (CBI) conducted an extensive investigation, leading to the filing of charges against 41 individuals, with 26 accused tried in a designated court. The court framed 251 charges, primarily under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code (IPC). The designated court found all accused guilty and sentenced them to death. The Supreme Court was tasked with confirming the death sentences and reviewing the convictions. The appellants argued against their convictions under TADA, which the court found unsustainable due to insufficient evidence of intent to overawe the government. However, the court upheld the convictions under Section 120-B IPC, establishing that the prosecution had proven a conspiracy to commit murder. The court also addressed the admissibility of confessions made under TADA, clarifying that such confessions could be used against co-accused in the same trial. Ultimately, the court confirmed the death sentences for some appellants while acquitting others of TADA charges, emphasizing the legal principles surrounding conspiracy and terrorism (Paras 1-15).
Headnote
A) Criminal Law - Conspiracy - Ingredients of Criminal Conspiracy - Indian Penal Code, 1860, Section 120-A - Conviction under Section 120-B requires proof of an agreement to commit an illegal act, which can be inferred from the conduct of the accused. The court held that the prosecution established a conspiracy to assassinate a national leader, justifying the convictions under Section 120-B IPC (Paras 1-5). B) Terrorism - Definition of Terrorist Act - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3 - The definition requires both mens rea and actus reus, which were not sufficiently established against the appellants. The court acquitted the appellants of charges under TADA, emphasizing the need for clear intent to overawe the government (Paras 6-10). C) Admissibility of Confessions - Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15 - Confessions recorded under this section are admissible against co-accused if tried together, irrespective of the outcome of TADA charges. The court clarified the evidential value of confessions in relation to conspiracy charges (Paras 11-15).
Issue of Consideration
Whether the conviction of the appellants under Section 120-B read with Section 302 IPC is sustainable in law and whether the death sentences can be confirmed.
Final Decision
The Supreme Court upheld the convictions under Section 120-B IPC for some appellants, confirming death sentences for A-2, A-3, A-18, while acquitting others of TADA charges due to lack of evidence of intent to overawe the government.
Law Points
- Conspiracy
- Terrorist Act
- Admissibility of Confessions
- Criminal Procedure
- Evidence Act
