JUDGMENT

S.P. Kurdukar, J.-Two separate trials arising out of an incident which took place during the intervening night between 6/7th April, 1986 ended in convictions and sentences against the appellant-accused under Sections 307 and 393 of the Indian Penal Code and under Section 25 of the Arms Act read with Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1985. The impugned judgments and orders dated 15th April, 1987 and 9th February, 1989 respectively are passed by Designated Court, Faridabad at Gurgaon in case Nos. 80 and 81. Although, the Designated Court has given two separate judgments, however, these appeals are being disposed of by this common judgment.

2. The prosecution case, in brief is as under :-

At about 3.30/4.00 a.m.on 7th April, 1986, Padam Singh-the complainant (PW 4) was in his room. An electric light was on. He noticed a person running by the side of his room whom he recognised as Rehmat, the brother-in-law of Ashraf resident of village Bichhor. The complainant suspected some mischief having been done by Rehmat and, therefore, he chased him for about three killas. Rehmat realising that he would be caught by the complainant, turned back and op