(1) THIS is an appeal under Section 19 of Terrorists and Disruptive Activities Act (in short TADA). Four persons were convicted by a designated court, first among them was of the offences under Sections 307 and 399 of the Indian Penal Code. The remaining appellants were convicted under Section 399 of the Indian Penal Code alone. The first appellant was sentenced to imprisonment for ten years on the first count and all the appellants were given the sentence of rigorous imprisonment for seven years in respect of the latter count. As a charge framed against thorn included offence under TADA it was tried before the designated court as per the provisions of TADA.

(2) THE case of the prosecution was this: A gang of dacoits including the appellants determined to make a strike during the night of 1.5.1995 on the residence of an industrialist by name, Govind Damodar Kelkar (he is said to be one of the proprietors of an industry by name, S.H. Kelkar and Company), to loot the residents and to kidnap him to keep him for ransom for knocking off a huge sum of Rs. 20.00 crores. The police had sleuth information regarding the planned operation and, therefore, they formed a raiding party for outwitting the dacoity attempt. One of the police party was sent in the guise of a tea peddler and the remaining police party took different places in anticipation of the arrival of the dacoits. The police party was headed by Inspector Naik (before he could be examined in court he died in a motor accident). After midnight the dacoits came in two motor cars and reached the particular spot. The dacoits alighted from both the cars and then Public witness . 2 -Sub-inspector who was in the guise of a tea-peddler went towards them offering tea. They declined the offer for supply of tea. But Public witness .2 passed the pre-determined signal to the other police officers who immediately emerged from concealment and over-powered the d?"oits in the said operation. First appellant, Chander Shekhar Bhatt fired his pistol at the chest of Inspector Naik. But he escaped as he was then wearing a bullet in the vestment, but did not go further forward. All the dacoits were caught except one Shekhar @ Anna Sonnappa Hegade who escaped from being caught.

(3) A pistol was recovered from first appellant and a revolver was recovered from second appellant for which a panchnama was prepared. The bullet embedded in the vestment worn by Inspector Naik was taken out at the police station for which also a panchnama was prepared.

(4) THE evidence consists of the testimony of Public witness 2 the Sub-inspector of police who went in the guise of a tea peddler. Public witness 4, a chowkidar attached to Kelkar Industries and Public witness 15, Atma Ram, who was also present at the time of the operation though he had conducted part of the investigation also.

(5) AS the most important evidence was that of Public witness 2, Sub-inspector on whose information the FIR was registered at 1.45 a.m. on the same night, we went into his evidence threadbare. We perused the other evidence also. Public witness 2 had given full narration of the event. If his testimony is believed it admits of no doubt that the conviction passed by the designated court should be upheld.

(6) LEARNED Counsel for the appellants contended that Public witness 2 cannot be believed for so many reasons, main among which is that he made improvements on his version to suit the prosecution case. He stated instances of such improvements. We have applied our mind and noticed that though there was some marginal variations on certain aspects as between his statement recorded under Section 161 of the Code of Criminal Procedure and the testimony given in court, such variations cannot be dubbed as improvements made with any sinister motive. They are elaborations elicited by the public prosecutor during examination-in-chief. It is the prerogative of the public prosecutor to elicit such points from