JUDGMENT

P. Sathasivam, J. –

1.These appeals, under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as “the TADA Act”) are directed against the common judgment dated 19.04.2007 of the Designated Judge at Assam, Gauhati in TADA Sessions Case No. 1 of 1996 whereby the Designated Judge convicted Pulin Das @ Panna Koch appellant in Criminal Appeal No.706 of 2007 and Mahendra Saikia @ Dilip Saikia appellant in Criminal Appeal No. 836 of 2007 for offences under Section 3(2)(ii) of the TADA Act and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/-, in default further R.I. for another six months.

2.Brief facts, in a nutshell, are as follows :

On the night of 08.12.1993, on secret information, the police party under the leadership of S.P. Sonitpur and S.D.P.O., Bishwanath Chariali raided the house of Uday Chetry. It was alleged that the extremist fired upon the police party and the police party also fired in self-defence and as such there was exchange of fire from both sides and thereafter Pulin Das @ Panna Koch appellant in Crl.A.No. 706 of 2007 and Mahendra Saikia @ Dilip Saikia appellant in Crl.