In the High Court of Judicature at Madras Dated:-18-12-2009 Coram: The Honourable Mrs.Justice PRABHA SRIDEVAN and The Honourable Mr.Justice M.SATHYANARAYANAN Criminal Revision Case No.1149 of 2008 1.K.Vellingiri (PW 94) 2.S.Vezhavendan (PW 98) 3.A.Balasubramanian (PW 211) 4.A.Muthusamy (PW 214) 5.K.Kuppusamy (PW 97) ... Petitioners Versus 1.S.A.Basha (A1) 2.M.Mohamed Ansari (A2) 3.A.Tajudeen, @ Abu Mujahith (A3) 4.S.A.Nawabkhan (A4) 5.B.Basith @ Mohammed Basith (A5) 6.Y.Ozir @ Abdul Ozir @ TADA Ozir (A6) 7.S.A.Mohamood Ali Khan @ Kutty (A7) 8.B.Siddiq Ali @ Siddiq @ Imran (A8) 9.Babu @ Ooom Babu @ Umai Babu @ Abdul Majith @ Majith (A-9) 10.S.Zakir Hussain @ Ismail @ Abdul Anus @ Usman Ali (A-10) 11.M.Abdul Salam @ Salam @ Poochaikan Salam @ Poonaikan Salam @ Babu (A11) 12.J.Aslam @ TADA Aslam (A12) 13.N. Siraj @ Auto Siraj @ Uthattu Siraj @ Tada Siraj (A-13) 14.M.H.Safoor Rahman (A15) 15.K.Abbass @ Keelakarai Abbass @ Ummar @ Chotta @ Ismail @ Kalith @ Shahjahan (A-16) 16.S.Zaffru @ Syed Zafar Ahmed @ Zyeer (A17) 17.A.Ismail @ Kathikuthu Ismail (A18) 18.M.Jaffer @ Makkan Jaffar (A19) 19.A.Mohammed Amjath Ali @ Amjath Ali @ Amjath @ Nizam @ Nizamudeen @ Nazer (A20) 20.K.Amman @ Ammanullah (A21) 21.S.Jahangir @ Jahir (A26) 22.S.Mohammed Muthu @ Musthafa @ Muthappa(A27) 23.S.Safru @ Surfudeen (A28) 24.L.M.Hakkim S/o L.K.Majith (A32) 25.Abu @ M.Abudhageer (A33) 26.M.Mohammed Rafiq @ Rafiq (A34) 27.J.Noor Mohammed @ Noor (A36) https://hcservices.ecourts.gov.in/hcservices/ 28.C.Basha @ Ozeer @ Ozeer Basha (A37) 29.Ibrahim @ Babu, @ Adipatta Babu (A38) 30.M.Hakkim S/o Mohammed Haneefa (A39) 31.N.S.Hakkim S/o Syed Mohammed (A40) 32.E.M.Monoappa @ Mohammed Hasan (A41) 33.B.Abdul Razak, @ Gundu Razak @ Razak (A43) 34.J.Mohammed Azam (A44) 35.S.Sait @ Sandhu Mohammed (A45) 36.R.Riaz Mohammed @ Riaz (A46) 37.M.Saleem @ Saleem Basha @ Valarntha Saleem (A60) 38.M.Moosa @ TADA Moosa @ Moosa Mohideen (A152) 39.S.Mohammed Subair @ Subair @ Khan @ Yasir (A155) 40.S.Syed Mohammed Buhari @ TADA Buhari (A156) 41.M.Mujibur Rahman @Mujib Rahman @ Mujib @ @ Anna Colony Mujibur Rahman (A161) 42.S.K.Mohammed Ali (A163) 43.M.Muji @ Mujibur Rahman @ Athupalam Mujibur Rahman (A164) ... Accused/Respondents 1 to 43 44. State rep. by its Additional Superintendent of Police, CBCID, (SIT),Special Investigation Team,Coimbatore. ... Complainant/44th Respondent Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C. praying to set aside the judgment passed by the learned Sessions Judge for Exclusive Trial for Bomb Blast Cases, Coimbatore in S.C.No.2 of 2000 dated 01.08.2007 in so far as it relates to the imposition of sentence on the Respondents 1 to 43/ Accused and consequently allow the Revision and enhance the sentence by awarding proper sentence against the accused/respondents 1 to 43. For Petitioners.. Mr.B.Rabu Menorah For Respondents.. Mr.N.Natarajan, Senior Counsel for Mr. B.S.Jothiraman- for R2, R13,R15, R17, R18, R19, R21, R23,R24 to R26 Mr.S.K.Raghavan - for R3. Mr.S. Gopinath SC for Mr.N.Manokaran - for R4, R6 and R9. R11,R12,R20 & R37 Mr.S.Xavier Felix-for R5, R7, R10 and R16. Mr.N.Venkataraman, Senior Counsel for Mr.V.Krishnakumar- for R8, R22 & R36. Mr.N.Natarajan, Senior Counsel for Mr.S.I.A.K.Bagadursha for R27 to R35,R41, R43. Mr.Yasod Vardhan, Senior Advocate for Mr.S.Sathia Chandran, for R42. Mr.P.Kumaresan, Public Prosecutor - for R-44-State. https://hcservices.ecourts.gov.in/hcservices/ Mr.N. Natarajan, Senior Counsel for Anand Sasidharan for R38 &R40. ORDER The present revision is filed by P.Ws.94, 98, 211, 214 and 97, in S.C.No.2 of 2000 on the file of the Court of Sessions Judge for Exclusive Trial for Bomb Blast Cases, Coimbatore, praying for enhancement of sentence in respect of Respondents 1 to 43(Accused Nos.1 to 13, 15 to 21, 26, 27, 28, 32, 33, 34, 36 to 41,43,44 45, 46, 60, 152, 155, 156, 161,163, 164 ). 2. The trial Court vide judgment dated 01.08.2007, has convicted and imposed the sentence against Respondents 1 to 43 which are as follows:- R.1. S.A.Basha (A-1) A sentence of life imprisonment for the charge No.1 and three years rigorous imprisonment for the charge No.14. R.2-Mohamed Ansari @ Ansari (A-2) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.79, seven years rigorous imprisonment for the charge No.81, seven years rigorous imprisonment for the charge No.83, nine years rigorous imprisonment for the charge No.85, seven years rigorous imprisonment for the charge No.126, seven years rigorous imprisonment for the charge No.128, seven years rigorous imprisonment for the charge No.130, seven years rigorous imprisonment for the charge No.133, nine years rigorous imprisonment for the charge No.135, seven years rigorous imprisonment for the charge No.203 and three years rigorous imprisonment for the charge No.204. R.3-Tajudeen @ Abu Mujahith(A-3) A sentence of life imprisonment for the charge No.1, and three years rigorous imprisonment for the charge No.14. R.4-S.A.Nawbkhan (A-4) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.126, seven years rigorous imprisonment for the charge No.128, seven years rigorous imprisonment for the charge No.203 and three years rigorous imprisonment for the charge No.204. R.5-B.Basith @ Mohammed Basith (A5) A sentence of life imprisonment for the charge No.1, https://hcservices.ecourts.gov.in/hcservices/ seven years rigorous imprisonment for the Charge No.7, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.126, seven years rigorous imprisonment for the charge No.128, seven years rigorous imprisonment for the charge No.130, seven years rigorous imprisonment for the charge No.140 and seven years rigorous imprisonment for the charge No.142. R.6-Y.Ozir @ Abdul Ozir @ TADA Ozir (A6) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.22, seven years rigorous imprisonment for the charge No.24, nine years rigorous imprisonment for the charge No.26, nine years rigorous imprisonment for the charge No.28, life imprisonment for the charge No.31, seven years rigorous imprisonment for the charge No.33, nine years rigorous imprisonment for the charge No.35, nine years rigorous imprisonment for the charge No.37, seven years rigorous imprisonment for the charge No.39, seven years rigorous imprisonment for the charge No.126, seven years rigorous imprisonment for the charge No.128, life imprisonment for the charge No.133, nine years rigorous imprisonment for the charge No.135, seven years rigorous imprisonment for the charge No.136, seven years rigorous imprisonment for the charge No.206, two years rigorous imprisonment for the charge No.207, life imprisonment for the charge No.209, seven years rigorous imprisonment for the charge No.211, nine years rigorous imprisonment for the charge No.213 and nine years rigorous imprisonment for the charge No.215. R.7-S.A.Mohamood Ali Khan @ Kutty (A7) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.2, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.140 and seven years rigorous imprisonment for the charge No.142. R.8-B.Siddiq Ali @ Siddiq @ Imran (A8) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, ten years rigorous imprisonment for the charge No.77, life imprisonment for the charge No.78, seven years rigorous imprisonment for the charge No.80, nine years rigorous imprisonment for the charge No.82, nine years rigorous imprisonment for the charge No.84 and https://hcservices.ecourts.gov.in/hcservices/ three years rigorous imprisonment for the charge No.202. R.9-Babu @ Ooom Babu (A9) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.48, two years rigorous imprisonment for the charge No.49, seven years rigorous imprisonment for the charge No.51, nine years rigorous imprisonment for the charge No.53, nine years rigorous imprisonment for the charge No.55, life imprisonment for the charge No.79, seven years rigorous imprisonment for the charge No.81, nine years rigorous imprisonment for the charge No.83, nine years rigorous imprisonment for the charge No.85, seven years rigorous imprisonment for the charge No.137, two years rigorous imprisonment for the charge No.138, seven years rigorous imprisonment for the charge No.140, seven years rigorous imprisonment for the charge No.142 and three years rigorous imprisonment for the charge No.189. R.10-S.Zakir Hussain @ Ismail @ Abdul Anus (A10) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14 and seven years rigorous imprisonment for the charge No.220. R.11. M.Abdul Salam @ Salam @ Poochaikan Salam (A11) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.2, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, three years rigorous imprisonment for the charge No.18, seven years rigorous imprisonment for the charge No.19, seven years rigorous imprisonment for the charge No.206, two years rigorous imprisonment for the charge No.207, life imprisonment for the charge No.209, seven years rigorous imprisonment for the charge No.211, nine years rigorous imprisonment for the charge No.213 and nine years rigorous imprisonment for the charge No.215. R.12-J.Aslam @ TADA Aslam (A12) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, three years rigorous imprisonment for the charge No.18 and seven years rigorous imprisonment for the charge No.19. R.13- N. Siraj @ Auto Siraj (A13) A sentence of life imprisonment for the charge No.1, https://hcservices.ecourts.gov.in/hcservices/ five years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.59, seven years rigorous imprisonment for the charge No.61, nine years rigorous imprisonment for the charge No.63, nine years rigorous imprisonment for the charge No.65, seven years rigorous imprisonment for the charge No.67, seven years rigorous imprisonment for the charge No.114, seven years rigorous imprisonment for the charge No.116 and seven years rigorous imprisonment for the charge No.183. R.14-M.H.Safoor Rahman (A15) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.110 and seven years rigorous imprisonment for the charge No.112. R.l5- K.Abbass @ Keelakarai Abbass (A16) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.15, nine years rigorous imprisonment for the charge No.16 and seven years rigorous imprisonment for the charge No.17. R.16-S.Zaffru @ Syed Zafar Ahmed (A17) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.2, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, three years rigorous imprisonment for the charge No.18 and seven years rigorous imprisonment for the charge No.19. R.17-A.Ismail @ Kathikuthu Ismail (A18) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment is the charge No.41, seven years rigorous imprisonment for the charge No.43, nine years rigorous imprisonment for the charge No.45, nine years rigorous imprisonment for the charge No.47, life imprisonment for the charge No.95, seven years rigorous imprisonment for the charge No.97, nine years rigorous imprisonment for the charge No.99, nine years rigorous imprisonment for the charge No.101, three years rigorous imprisonment for the charge No.165, nine years rigorous imprisonment for the charge No.166, seven years rigorous imprisonment for the charge No.167 and nine years rigorous imprisonment is the charge No.168. R.18-M.Jaffer @ Makkan Jaffar (A19) A sentence of life imprisonment for the charge No.1, https://hcservices.ecourts.gov.in/hcservices/ seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.13, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.132 and nine years rigorous imprisonment for the charge No.134. R.19-A.Mohammed Amjath Ali @ Amjath Ali (A20) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.125, life imprisonment for the charge No.132 and nine years rigorous imprisonment for the charge No.134. R.20- K.Amman @ Ammanullah (A21) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14 and seven years rigorous imprisonment for the charge No.125. R.21-S.Jahangir @ Jahir (A26) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.87, seven years rigorous imprisonment for the charge No.89, nine years rigorous imprisonment for the charge No.91, nine years rigorous imprisonment for the charge No.93, life imprisonment for the charge No.132, nine years rigorous imprisonment for the charge No.134, seven years rigorous imprisonment for the charge No.143, two years rigorous imprisonment for the charge No.144, seven years rigorous imprisonment for the charge No.146 and seven years rigorous imprisonment for the charge No.148. R.22-S.Mohammed Muthu @ Musthafa (A27) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, ten years rigorous imprisonment for the charge No.77, life imprisonment for the charge No.78, seven years rigorous imprisonment for the charge No.80, nine years rigorous imprisonment for the charge No.82 and nine years rigorous imprisonment for the charge No.84. R.23-S.Safru @ Sarfudeen (A28) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.31, seven years rigorous imprisonment for the charge No.33, nine years rigorous imprisonment for the charge No.35, nine years rigorous imprisonment for the charge No.37, seven years https://hcservices.ecourts.gov.in/hcservices/ rigorous imprisonment for the charge No.39, seven years rigorous imprisonment for the charge No.50, nine years rigorous imprisonment for the charge No.52, nine years rigorous imprisonment for the charge No.54, seven years rigorous imprisonment for the charge No.139, seven years rigorous imprisonment for the charge No.141, three years rigorous imprisonment for the charge No.151 and seven years rigorous imprisonment for the charge No.152. R.24-L.M.Hakkim S/o L.K.Majith (A32) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.21, seven years rigorous imprisonment for the charge No.23, nine years rigorous imprisonment for the charge No.25 and nine years rigorous imprisonment for the charge No.27. R.25-Abu @ M.Abudhageer (A33) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.21, seven years rigorous imprisonment for the charge No.23, nine years rigorous imprisonment for the charge No.25 and nine years rigorous imprisonment for the charge No.27. R.26-M.Mohammed Rafiq @ Rafiq (A34) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, ten years rigorous imprisonment for the charge No.29, life imprisonment for the charge No.30, seven years rigorous imprisonment for the charge No.32, nine years rigorous imprisonment for the charge No.34 and nine years rigorous imprisonment for the charge No.36. R.27-J.Noor Mohammed @ Noor (A36) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.40, seven years rigorous imprisonment for the charge No.42, nine years rigorous imprisonment for the charge No.44 and nine years rigorous imprisonment for the charge No.46. R.28-C.Basha @ Ozeer @ Ozeer Basha (A37) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.41, seven years rigorous imprisonment for the charge No.43, nine years rigorous imprisonment for the charge No.45, nine years rigorous imprisonment for the charge No.47, three years rigorous imprisonment for the charge No.175, nine https://hcservices.ecourts.gov.in/hcservices/ years rigorous imprisonment for the charge No.176, seven years rigorous imprisonment for the charge No.178, nine years rigorous imprisonment for the charge No.181 and two years rigorous imprisonment for the charge No.182. R.29-Ibrahim @ Babu, @ Adipatta Babu (A38) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.41, seven years rigorous imprisonment for the charge No.43, nine years rigorous imprisonment for the charge No.45, nine years rigorous imprisonment for the charge No.47, three years rigorous imprisonment for the charge No.165 and nine years rigorous imprisonment for the charge No.166. R.30-M.Hakkim S/o Mohammed Haneefa (A39) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.41, seven years rigorous imprisonment for the charge No.43, nine years rigorous imprisonment for the charge No.45 and nine years rigorous imprisonment for the charge No.47. R.31-N.S.Hakkim S/o Syed Mohammed (A40) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.50, nine years rigorous imprisonment for the charge No.52, nine years rigorous imprisonment for the charge No.54, three years rigorous imprisonment for the charge No.56 and 190, seven years rigorous imprisonment for the charge No.206, two years rigorous imprisonment for the charge No.207, life imprisonment for the charge No.209, seven years rigorous imprisonment for the charge No.211, nine years rigorous imprisonment for the charge No.213 and nine years rigorous imprisonment is for the charge No.215. R.32-E.M.Monoappa @ Mohammed Hasan (A41) A sentence of life imprisonment is for the charge No.1, three years rigorous imprisonment is for the charge No.14, ten years rigorous imprisonment is for the charge No.57, life imprisonment is for the charge No.58, seven years rigorous imprisonment for the charge No.60, nine years rigorous imprisonment for the charge No.62, nine years rigorous imprisonment for the charge No.64. R.33-B.Abdul Razak, @ Gundu Razak (A43) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, ten years rigorous imprisonment for the charge No.68, https://hcservices.ecourts.gov.in/hcservices/ life imprisonment for the charge No.69, seven years rigorous imprisonment for the charge No.71, nine years rigorous imprisonment for the charge No.73 and nine years rigorous imprisonment for the charge No.75. R.34-J.Mohammed Azam (A44) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, ten years rigorous imprisonment for the charge No.68, life imprisonment for the charge No.69, seven years rigorous imprisonment for the charge No.71, nine years rigorous imprisonment for the charge No.73 and nine years rigorous imprisonment for the charge No.75. R.35-S.Sait @ Sandhu Mohammed (A45) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.86, seven years rigorous imprisonment for the charge No.88, nine years rigorous imprisonment for the charge No.90 and nine years rigorous imprisonment for the charge No.92. R.36-R.Riaz Mohammed @ Riaz (A46) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.94, seven years rigorous imprisonment for the charge No.96, nine years rigorous imprisonment for the charge No.98 and nine years rigorous imprisonment for the charge No.100. R.37-M.Saleem @ Saleem Basha (A60) A sentence of life imprisonment for the charge No.1, seven years rigorous imprisonment for the charge No.7, three years rigorous imprisonment for the charge No.14, three years rigorous imprisonment for the charge No.191, seven years rigorous imprisonment for the charge No.206, two years rigorous imprisonment for the charge No.207, life imprisonment for the charge No.209, seven years rigorous imprisonment for the charge No.211, nine years rigorous imprisonment for the charge No.213 and nine years rigorous imprisonment for the charge No.215. R.38-M.Moosa @ TADA Moosa (A152) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, three years rigorous imprisonment for the charge No.151 and seven years rigorous imprisonment for the charge No.152. R.39-S.Mohammed Subair @ Subair (A155) A sentence life imprisonment for the charge No.1, https://hcservices.ecourts.gov.in/hcservices/ seven years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.203, three years rigorous imprisonment for the charge No.204 and five years rigorous imprisonment for the charge No.205. R.40-S.Syed Mohammed Buhari @ TADA Buhari (A156) A sentence life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, seven years rigorous imprisonment for the charge No.203 and three years rigorous imprisonment for the charge No.204. R.41-M.Mujibur Rahman @ Anna Colony Mujibur Rahman (A161) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.216, seven years rigorous imprisonment for the charge No.217, nine years rigorous imprisonment for the charge No.218 and nine years rigorous imprisonment for the charge No.219. R.42-S.K.Mohammed Ali (A163) A sentence of life imprisonment for the charge No.1 and three years rigorous imprisonment for the charge No.14. R.43-M.Muji @ Mujibur Rahman @ Athupalam Mujibur Rahman (A164) A sentence of life imprisonment for the charge No.1, three years rigorous imprisonment for the charge No.14, life imprisonment for the charge No.208, seven years rigorous imprisonment for the charge No.210, nine years rigorous imprisonment for the charge No.212 and nine years rigorous imprisonment for the charge No.214. 3. The case pertains to serial bomb blast which took place on 14.2.2998 between 3.50 P.M. and 4.20 P.M. when the then President of Bharathiya Janata Party Thiru.L.K.Advani was to address an election meeting at R.S. Puram, in Coimbatore city. There were series of 12 bomb blasts, killing 47 persons and injuring 218 persons. Extensive damage was also caused to private and public properties. 4. On 15.2.1998 in the early morning hours during combing operation by the police in Babulal building at Thirumal Street, at Coimbatore city, a blast took place in which, 6 Muslims were killed and three police personnel sustained injuries. There were bomb explosion on 15.2.1998, 16.2.1998 and 17.2.1998. Due to the effects of bomb blasts which took place between 14.2.1998 and 17.2.1998, 58 persons were killed and about 250 persons were injured. Damages caused to the private and public properties were to the tune of Rs.4.37 Crores. Bombs/explosive materials concealed in 24 other places were later recovered/defused by the police. The facts of this https://hcservices.ecourts.gov.in/hcservices/ case are dealt with in the judgment in C.A.No.1111 of 2007 batch etc., and therefore, it is not necessary to restate it once again. 5. In the present revision the revision petitioners who are some of the witnesses examined by the prosecution, pray for enhancement of sentence awarded to the Respondents 1 to 43. 6. The trial Court in paragraph Nos. 21 to 25 of its judgment, has recorded the reasons as to why it has not imposed the capital sentence. " 21.All these details have already been communicated in a signed memorandum submitted by a group of the accused to the Hon’ble High Court in the memorandum. Hence this court considers that in the given circumstances the interests of the accused have not been fully, properly and absolutely safeguarded by proper legal assistance to all the accused. Under such situation and circumstances this court with the available materials have concluded and pronounced the judgement and this court earnestly believes and apprehends that had the legal assistance been properly utilized more details and facts would have come to light in assisting this court to find out the truth. Therefore this court considers this issue as the mitigating factor in favour of the accused. 22.Apart from this factor this court has found out that there had been prejudices on the part of accused which are stated in detail hereunder. That no accused of the 166 accused were granted bail during the trial proceedings to enable them to effectively defend the charges against them. This has deprived them from gathering adequate material which would of any legal support to their plea. Huge volume of records and materials to unimaginable levels have compelled them to curtail certain rights bestowed to them under law. Emergence of factions and groups inside the prison during their prolonged incarceration, under the leadership of A-1 S.A.Basha, A-2 Mohamed Ansari,a group formed by the A-65 to 100 and a separate group not belonging to these three