(1) THE appellant was charged and tried for having committed an offence under S. 307/34 Indian Penal Code and Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (Act for short). He was acquitted of the charge under Section 307 read with Section 34 Indian Penal Code but was convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs 2,000.00 and in default of payment of fine to undergo rigorous imprisonment for six months.

(2) THE police party led by the Sub-Inspector Swam Das received secret information about the appellant when he along with other police officials was at Nurpur Bedi. He sent for additional force and went to apprehend the appellant. There was an encounter in which nobody was injured. The appellant surrendered and from his possession a Webly Scot revolver with 30 live cartridges in all, a toy pistol, some cash and a police identity card were recovered. The prosecution examined Narayan Singh, Public Witness 3, and Sub-Inspector Swam Das who have proved the prosecution case. The Designated court after considering their evidences has found that the appellant was not possessed of any licence, therefo