JUDGMENT

S.P. Kurdukar, J.-The appellants in these two criminal appeals before us were sent up for trial before the Additional Judge, Designated Court, for the offences punishable under Sections 148, 302 /149 of the Indian Penal Code read with Sections 3/4 of the terrorist and Disruptive Activities (Prevention) Act, (for short TADA ) for having committed the murder of Jasbir Singh @ Bhure on the intervening night of 22/23rd July, 1991 at his village Shanurki, Police Station, Nabha.

2. The brief facts of the prosecution case are as follows :

Gurjant Singh (PW 3), the father of Jasbir Singh (Since deceased) lodged an FIR alleging that he and his five brothers were residing in their houses having a common boundary wall whereas his seventh brother Sarup Singh was residing separately in the village. On the fateful night of 22nd July, 1991, he was sleeping in the courtyard alongwith his two sons, namely, Gurbinder Singh and Jasbir Singh @ Bhura (since deceased). Two of his nephews were also sleeping in the same courtyard. The ladies and children were sleeping inside the rooms. His younger brother Ram Singh was sleeping on the roof of the house. At about 12.30 a.m., seven terrorists entere