Judgment

V.N. Khare, J.-This criminal appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA), at the instance of two appellants herein, viz., Shaikh Umar Ahmed Shaikh and Mohd. Naim Mohd. Yasin Qureshi, is directed against the judgment and order dated 14.10.97 passed by the Designated Court, Greater Bombay, Maharashtra in TADA Special Case No. 21 of 1994, whereby the Designated Court has convicted the two appellants under Section 3(2)(i) of TADA read with Section 149 IPC and sentenced them to undergo life imprisonment. The appellants have also been convicted and sentenced to life imprisonment for the offence punisha­ble under Sections 302/149 IPC and sentenced to pay a fine of Rs. 500/- each, in default to suffer R.I. for six months. Both the sub­stantive sentences were directed to run concurrently.

2. Prosecution story in brief is, that on 7.12.92, the area where J.J. Hospital is situated was in the grip of communal riots as a result of which prohibitory orders were promulgated. In Ward No. 46 of the said hospital where undertrial of various criminal cases were usually kept for medical treatment, a police escort c