JUDGMENT

This appeal is directed against the judgment dated 16th February, 1987 passed by the Additional Judge, Designated Court Bhiwani at Sirsa in Terrorist Act Case No. 76 of 1986. The appellant was tried under S.6(1) of the Terrorist and Distruptive Activities (Prevention) Act, 1985 (hereinafter referred to as TADA) and S.25 of the Arms Act, 1959 on the basis of FIR No. dated 19th September, 1985 lodged in the Police Station Baragudha. It is the prosecution case that on 29th September, 1985 Head Constable Siri Chand (PW.3) and Constable Bhup Singh (PW.2) and other police personnel were present on the Kacha route connecting village Faggu with village Rohan. At about 12.00 noon the accused was spotted while coming from the side of village Rohan. As the accused after seeing the police party became suspicious and he was intercepted and the Head Constable Siri Chand, PW.3 thereafter searched the person of the accused and on search a country made pistol Ex.P. I was recovered from the right dub of his chadar and three live cartridges Exts. P2 to P4 were also recovered from the right side pocket of his shirt. The said pistol and the cartridges were possessed by the accused without any