JUDGMENT

S.P. Kurdukar, J.-The State of Punjab-appellant has filed this appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA ) against the judgment and order of acquittal dated 30th January, 1989 passed by the Designated Court, Hoshiarpur in Sessions Case No. 48 of 15-10-1987 being Sessions Trial No. 50 of 15-12-1987 arising out of an FIR No. 80 dated 25.7.1987 of Police Station, Mahilpur. The respondents-two accused persons were put up for trial for offences punishable under Sections 302 read with Section 34 IPC and Section 3 of TADA for having committed the murder of Bhag.

2. The prosecution story as disclosed at the trial is as under:-

At about 9.00 a.m. on 25th July, 1987, Ranjit Singh (PW 2) was working in his fields. Bhag (since deceased) was the resident of village Kharar Achharwal but was residing in the village Chamiala at the time of the incident. He was going on his be-cycle from village Rampur to village Fatehpur Kothi, followed by Gurmit Singh @ Mita (A-1) (hereinafter called Mita ), a resident of village Halluwal and Gurmit Singh (A-2) of village Chamiala on bicycles separately. When they reached in front of the fi