Judgment

SETHI, J.

( 1 ) IN the broad day light and in the capital city of the country, the appellants and one Mohabat Ali, the four young desperados entered the premises No. F-8/5, Model Town, Part-II, Delhi to commit robbery, in consequence of which Smt. Sheela was stabbed to death. The occurrence which took place on 20/06/1990 is not the isolated act so far as the law and order and life and liberty of the people of the capital city and other parts of the country are concerned. By killing the deceased and subjecting Amarjeet Sharma to the threat of being killed by pointing a revolver at him, the resistance of the commission of the intended crime was immobilised. After registration of the First Information Report and completion of the investigation, charge-sheet was filed against the accused persons under Sections 302, 394, 397, 398, 342, 120b and 411, I. P. C. besides Sections 25, 27, 54 and 59 of the Arms Act and Section 5 of the Terrorist and Disruptive Activities (Prevention) Amendment Act, 1993 (hereinafter referred to as "tada (P) Act" ).

( 2 ) THE trial Court found appellant Vinod guilty of offences under Sections 392/34, 397 and 302, I. P. C. besides Section 5 of the TADA (P