JUDGMENT

S.P. Kurdukar, J. - This appeal under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short the TADA ) is filed by the appellant challenging the legality and correctness of the judgment and order of conviction and sentence passed by the Designated Judge, Jam Nagar on June 19, 1996 for various offences punishable under Sections 302, 307, 225, 333 of the Indian Penal Code.

2. Briefly stated the prosecution case is as under:

On March 22,1992, the Custom Officers intercepted a ship called Safina-A1-Burhani and upon Search thereof recovered five belts of gold biscuits of foreign origin. During interrogation, Abbas Hasan Subhaniya, the tandel of the said ship, disclosed that Harun Jusab Bhaya (A-8) was to receive the delivery of the said gold biscuits. The Custom Officers then decided to apprehend A-8 and for that a team of Custom Inspectors along with three sepoys went to Kharribhalia in a jeep which was driven by Chuni Lal Barad (PW 46). The Custom Officers came to the office of Brother & Brother Transport at Khambhalia where they spotted A-8 and informed him that he was being arrested in connection with the smuggling of gold. A-8 then started running away but the Custom Officers chased and apprehended him. When A-8 was being taken to Jam Nagar in a jeep for further investigation, he became violent and tried to escape from the grip of the Custom Officers who, therefore, stopped the jeep near Shrijee Hotel with a view to tie him with a rope which they fetched from the nearby shop of Puncturwala. When A-8 was being tied with a rope, according to the prosecution, suddenly a truck bearing Registration No. GTE7461 came from Khambhalia side and dashed against the jeep of the Custom Officers. As a result of this dash, the Custom Officers who were standing near the jeep fell down. Mr. Jacob (PW 2) and Mahendrasinh Rayjada, a sepoy sustained the injuries. The said truck immediately took a turn and again dashed against the jeep and in this process, A-8 could succeed in escaping himself from the clutches of the Custom Officers. A-8 then boarded another truck which was parked nearby and fled away. According to the prosecution, appellant who was the driver of the truck intentionally dashed his truck against the jeep whereby two persons, namely, Mahindersinh Rayjada, a sepoy died on the spot and Somaji Thakor, another sepoy died in the hospital. The appellant then fled away.

3. The Custom Inspector Mr. P.N. Desai (PW 1) then took a lift on the motor cycle of Jadeja and reached the factory of Meera Tiles and gave telephone calls to the Customs Office and also informed the police station at Khambhalia about the incident. He then came back to the place of incident. In the meantime, police officers reached the place of incident and thereafter the injured were removed to the hospital at about 8.30 p.m., an FIR was lodged by Mr. P.N. Desai (PW 1) in the police station. After completing the investigation, a charge sheet for offences punishable under Sections 147, 302/149, 307/149,332, 333/149 of the Indian Penal Code as also under Section 3(a) of the Demolition of Public Property Act and under Sections 3 and 4 of TADA came to be submitted in the Court of Judicial Magistrate 1st Class, Khambhalia against the appellant and seven other accused persons. The case was then committed for trial to the Designated Court for the aforesaid offences.

4. The appellant and other seven accused persons denied the charges and claimed to be tried. According to them, they have been falsely implicated in the present crime.

5. The prosecution in support of its case adduced the evidence of four eye witnesses, namely, Mr. P.N. Desai (PW 1), Jacob (PW 2), Bharat Trivedi (PW 3) and Chuni Lal Barad (PW 46). In addition to the above evidence, the prosecution also placed reliance upon the medical evidence to prove the cause of deaths of Mahindersinh Rayjada and Somaji Thaker. The evidence relating to the Test Identification Parade was also