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 fields of Ranjit Singh (PW 2), A-2 stopped Bhag and caught hold of him. Mita then gave several blows by the dagger on Bhag who sustained bleeding injuries and fell down. Bhag raised an alarm "Bachao-Bachao". Hearing this alarm, Gurmel Singh (PW 3), Lumberdar of village Chamiala came on the spot from the side of village Fatehpur Kothi, witnessed the incident of assault and remained at the spot. Ranjit Singh (PW-2) went and lodged the FIR (Ex. PE) at 10.20 a.m. with SI Avtar Singh (PW 5), SHO Police Station, Mahilpur who had come to the village Khanpur. The police party headed by SI Avtar Singh reached at the place of occurrence and started the investigation. Blood stained earth was collected by SI Avtar Singh (PW 5) and kept it in a sealed parcel vide memo Ex. PK. A rough site plan Ex. S was also prepared. After inquest panchnama, the dead body of Bhag was sent for post mortem examination. Bicycle Ex. PC of deceased was seized vide memo Ex. PM. The two bicycles of A-1 and A-2 which were lying at the place of occurrence were also taken charge vide memo Ex. PH and market Ex. P3 and Ex. P4.

3. SI Avtar Singh (PW 5) then deputed ASI Baldev Singh and constable Inderjit Singh to search the accused. Since both the accused were not found in the village, the police party suspected that they might be hiding in the jungle. They, therefore surrounded the jungle and ultimately succeeded in arresting both the accused. During the personal search of A-1, a dagger (Ex. PI) was recovered from the dub (pocket) of his Pajama which was then seized vide memo Ex. P5. Since blood stains were noticed on the shirts worn by A-1 and A-2, the same were seized and marked Ex. P5 and Ex. 6 respectively and kept them in two sealed parcels. These articles were sent to the Director, Forensic Science Laboratory for its report. After completing the investigation, both the accused were charged sheeted for offences punishable under Sections 302/34 of the Indian Penal Code and Section 3 of TADA.

4. Both the accused pleaded not guilty to the charge and stated that they are innocent and be acquitted.

5. In order to bring home the guilt of both the accused, the prosecution examined two eye witnesses i.e. Ranjit Singh (PW 2) and Gurmel Singh (PW 3) in addition to the formal witnesses to prove the seizure Panchnamas etc. Dr. R.S. Mehal (PW 1) was examined to prove the post mortem examination report and the cause of death. The defence examined Karnail Singh (DW 1) the Sarpanch of the village Kaharpur.

6. The Learned Judge of the Designated Court on appreciation of the oral and documentary evidence on record disbelieved the evidence of both the eye witnesses on the ground that their presence at the time of occurrence was doubtful. Having rejected the evidence of eye witnesses, the learned trial Judge o