JUDGMENT

K. JAYACHANDRA REDDY, J.:—These two appeals filed under S. 19(1) of the Terrorist And Disruptive Activities (Prevention) Act, 1987 (TADA Act for short) arise out of the same judgment of the Designated Court, Vadodara in TADA Case No. 12/90. Criminal Appeal No. 247/92 is filed by the five convicted accused who figured as original accused Nos. 5 to 9. The other four accused (original accused Nos. 1 to 4) were acquitted. Challenging the said acquittal, the complainant Paresh Kalyandas Bhavsar (P.W. 4) who gave the First Information Report, has filed Criminal Appeal No. 560/92. Both the appeals are being disposed of here by a common judgment. First we shall take up Criminal Appeal No. 247 of 1992.

Criminal Appeal No. 247 of 1992.

2. The facts of the case as put forward by the prosecution are as follows :

Moti Chhipwad is an area In Vadodara City. In one locality in that area Hindus are predominantly the occupants and in another locality called Bhaiswada the Muslims are predominantly the occupants. Since 1985 there have been communal disturbances resulting in rioting between the two communities. Narendrabhai Ramanlal Bhavsar, P.W. 5 residing in Moti Chhipwad was serving in a priva