JUDGEMENT

K. Jayanchandra Reddy, J. - This appeal is filed under section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA Act for short). There are five appellants. All of them were. tried for offences punishable under sections 302/149/148 & 404, I.P.C. and sections 25,27,54 & 59 of the Arms Act and section 6 of the TADA Act The Designated Court convicted all of them under section 148, I.P.C. and sentenced each of them to undergo one years R.I. and under sections 302/149 they were sentenced to undergo imprisonment for life. They were also convicted under sections 25, 54 and 59 of the Arms Act and section 6 of the TADA Act and sentenced to three years R.I. The sentences were directed to run concurrently. The prosecution case is as follows:

2. The accused, the deceased Sahi Ram and Principal witnesses belong to Village Chinder in Hissar District. The deceased was the Chairman of Land Mortgage Bank and he was having a gun licence also. Lakhpati, P.W. 5 was his wife and they had four sons. Praveen, P.W. 6 is one of their sons. Among the accused Rai Sahab, A-1 and Raja Ram, A-4 are brothers. Bhajan Lal, A-2 is the brother-in-law of A-1 and A-4 having married their sister. He belongs to a different village. Raja Ram, A-3 and Mohinder, A-5 are their associates. There was enmity between the accused and the deceased because of some incidents that took place earlier. It is alleged that one Manphool, uncle of A-3, received bullet injury. One of the sons of the deceased and others figured as accused in that case and the case was pending. On 11.5.1987, the day of occurrence, at about 8 a.m. the deceased went to Fatehabad and he carried his licenced gun with him. P.W. 5 went alongwith him to purchase clothes for her daughters and P.W. 6, the son of the deceased also followed them. At about 5.15 p.m. the deceased, P.Ws. 5 and 6 boarded the bus at Fatehabad Bus Stand for going back to the Village. In the bus they were sitting on the seat near the back window. Bhagirath rath and Ham residents of Village Chinder were also in the same bus. The bus stopped at the turning point of the factory located in Village Badopal. At that place all the five accused also boarded the bus. Accused Nos. 1,3 and 4 were at armed with guns and A-5 was armed with a p country-made pistol. The bus started and covered a distance of 3/4th of a kilometer towards Village Chinder. At that stage, Accused Nos. 1,2,4 and 5 came towards the deceased. In the meantime the bus stopped. A-2 took the deceased in his grip and E threw him on the ground from the back window of h the bus. In that process, the gun carried by the deceased also fell on the ground. Thereafter Accused Nos. l, 3 and 4 who were carry in guns with a them and A-5 who was carrying a pistol with him fired at the deceased with their respective weapons. The deceased died at the spot. The occurrence e was witnessed by P.Ws. 5 and 6 as well as Bhagi- a rath and Haru. A-2 took away the gun of the deceased and all the other accused left the place P.W. 6 and the other two persons went to the house a of the deceased to inform the other sons and members of his family. After about 1-1/2 hours Suresh, son, Jagdish, son-in-law and Khaili Ram, elder brother of the deceased arrived at the spot on a tractor. Then in the same tractor P.W. 5 alongwith Suresh went to Police Station, Fatehabad and gave the First Information Report Ex. PB to P.W. 13, Raj Singh, the Inspector of Police. P.W. 13 in the company of P.W.16, A.S.

I. Bhana Ram and a constable proceeded to the spot picking up a photographer P.W. 14, Satish on the way. They reached the scene of occurrence and found that the dead body was lying somewhere near the road and photographs of that place were taken. The Inspector collected the blood-stained earth and also recovered some metal pieces and other articles. He held the inquest and the dead body was sent for post-mortem. P.W. 9 Dr. A.S. Chaudhary, who conducted the post-mortem, found six rue-arm i