Judgment

M. K. MUKHERJEE

( 1 ) ON 1/2/1995 we heard and disposed of this appeal with the following order:

"for the reasons to be stated later, the judgment of the Additional Designated Judge, Ahmedabad dated 4/3/1994 in TCC No. 166 of 1993 cannot be sustained. This appeal succeeds and is allowed. The conviction and sentences imposed upon the appellant are set aside and he is directed to be released from custody forthwith if not required in any other case. " We now state the reasons for the order.

( 2 ) THE appellant was placed on trial before the Additional Designaled Judge, court No. 2, Ahmedabad to answer charges under Section 302 read with Section 34 of the Indian Penal Code and Section 3 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (act for short) which centred around the death of a person belonging to the Hindu community on 23/12/1992. On conclusion of the trial the learned Judge recorded an order of conviction and sentence against the appellant in respect of both the charges. Hence this appeal under Section 19 of the Act.

( 3 ) BRIEFLY stated the case of the prosecution is that on 24/12/1992 Rajubhai Govindbhai (Public Witness 1, a resident of Chatursings C