(1) BOTH these appeals are directed against the decision dated 20/2/1996 passed by the learned Additional Judge, Designated court, Karnal at Kurukshetra in Sessions Trial No. 39 of 1995. The appellants in Criminal Appeal No. 297 of 1996 namely Baba Peer Paras Nath and Baldev Nath were tried with the appellants Kashmir Singh and Jaswant Kaur in the other Criminal Appeal No. 637 of 1996 and also with two other accused, Kaka alias Charanjit Singh and Sukhpal Singh alias Khushpal Singh.

(2) IT appears that the appellants Baba Peer Paras Nath and Baldev Nath Chela were charged for an offence under Section 307 read with Section 34 and Section 109 of the Indian Penal Code and the appellants Kashmir Singh and Jaswant Kaur were charged for offence under Section 307 read with S. 34 and 109 Indian Penal Code and also offences under S. 3, 4, 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA).

(3) IT may be stated here that confessional statements were made by all the six accused persons before the Superintendent of Police under Section 15 of TADA but later on, the accused retracted with confessional statements. The