JUDGMENT

P.P. Naolekar, J. — 1. The State of Maharashtra has preferred this appeal under the provisions of Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as “TADA Act”) challenging the judgment and order dated 5.10.1995 passed by the Additional Judge, Designated Court for Greater Bombay in TADA Special Case No.10 of 1995.

2. Twelve persons, as accused nos. 1-12, were charged and prosecuted for the offences punishable under Sections 120-B, 143, 147, 148, 149, 302, 302 r/w 120-B, 302 r/w 149, 307 r/w 120-B, 307 r/w 149, 392, 392 r/w 120-B, 392 r/w 149, 397 r/w 120-B, 397 r/w 149, 379, 379 r/w 149, 379 r/w 120-B, 468, 468 r/w 120-B, 468 r/w 149, 471, 471 r/w 120-B, 471 r/w 149 of the Indian Penal Code, 1860 (for short “IPC”) and under Section 3 r/w 25, 7 r/w 27 (2 and 3) of the Arms Act, 1959 and under Sections 3(2) (i) (ii), 3(3), 3(5), 5 and 6 of the TADA Act by the Designated Court. During the trial before the Designated Court, accused no. 2, viz., Feroz Abdullah Sarguru alias Feroz Konkani escaped from the lawful authority of the police while the trial was still in process and as he was not arrested thereafter the Designated