JUDGMENT

Phukan, J.-This appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1989 (for short the TADA) is against the judgment and order of the learned Sessions Judge (Designated Court), Karimnagar, Andhra Pradesh. By the impugned judgment and order accused-appellants Sheelam Ramesh (A-2) and Samudrala @ Kummari Mallesham @ Rajanna (A-3) were convicted under Section 302 IPC read with Section 34 I.P.C., Section 27 of the Arms Act, 1959 and Sections 3(2)(i)(ii) and 5 of the TADA.

2. A2, A3 and another Bheemanna @ Bairi Ramchander (A-1) are members of CPI (ML) Peoples War Group (in short PWG). Deceased Ramtenki Chandraiah, Manchikatla Shankar (PW1) and Thota Paul (PW2) were members of the said PWG but they severed their connections with the group since four years prior to occurrence and they were residing at Jagtial for their safety and security, away from their villages.

3. On 30.01.1993 at about 07.00 p.m. deceased, PWs 1 and 2 were sitting as usual in front of Shri Venkateshwara Hair Cutting Saloon near the bus stand of Jagtial. Suddenly A1 and A3 armed with pistol and tapanchas (country made gun) came and fired at the deceased. PW1 escaped and ran to