JUDGMENT

S. P. Kurdukar, J.-This Criminal Appeal is filed by the appellants (accused) challenging the legality and correctness of the order of conviction and sentence dated 12.4.1989 in Sessions Case No. 77 of 1986 passed by the Designated Court under Section 307/34 of the Indian Penal Code and also Section 27 of the Arms Act and Section 6(1) of the Terrorist and Distruptive Activities (Prevention) Act, 1985 (for short TADA ).

2. The prosecution case may be briefly summarised as under :-

On 7.7.1986 at about 7.00 a.m., Rajinder (PW 5) and his uncle Kishan Lal (PW 6) were coming out of the house of the latter in order to go to their fields. When they came out of the house, they noticed Jai Kishan (A-2) was armed with a gun and standing by the side of Panchayat Ghar. Rai Singh (A-3) was standing there with a 12 bore pistol. Bhagirath (A-1) was standing behind the bitora with a DBBL gun near the Panchayat Ghar. It is alleged by the prosecution that they gave lalkara to Rajinder (PW 5) and Kishan Lal (PW 6) to stop and they would teach a lesson for filing the criminal appeal against them. Immediately, thereafter all the accused stretched their weapons towards Rajinder (PW 5) and Kisha