JUDGMENT

K.G. BALAKRISHNAN, CJI.

1. All these appeals arise out of a Common Judgment in TADA Crime Case No. 4/1995 and TADA Crime Case No. 27/1996 delivered by the Additional Designated Judge at Ahmedabad.

2. There were 11 accused persons before the Designated Court charged for various offences under the Indian Penal Code (IPC), TADA Act, Indian Passport Act, Motor Vehicle Act and Bombay Police Act. By the impugned judgment. A-1 to A- 4 and A-9 were convicted for the offences punishable under Section 120B IPC and under Sections 342, 365 and 384 IPC read with Section 120 B IPC, but all the accused were acquitted of various other charges framed against them. Out of the 5 accused convicted by the designated court, 3 of them have filed Criminal Appeal No. 525/ 2004 and the two other appeals before us have been preferred by the State of Gujarat challenging the acquittal of the other accused.

3. The case of the prosecution was that PW 3 Jayendra Mahendra Tripathi was a builder having a construction company of his own. He was also working as a teacher during the relevant period and staying in Kundan Apartment in Vasna area in Ahmedabad. The office of the construction company was in Deep Apart