JUDGMENT

V. S. Sirpurkar, J. —

1.Appellant Mohd. Ayub Dar S/o Abdul Ahad – Original accused no.1 challenges his conviction for the offence punishable under Section 3 (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (In short “TADA ACT”), as also for the offence punishable under Section 302 of the RPC. Originally, the five accused persons were tried in respect of murder of Mirwaiz Moulvi Farooq, which took place on 21.5.1990, at about 11 O’ clock in the morning. Accused no. 2 Abdul Rehman Shigan and accused no.3 Abdulla Bangroo expired during pendency of the trial, while the other two accused persons namely Javed Ahmed Bhat @ Ajmal Khan @ Ditta s/o. Habibulla Bhat and Zahoor Ahmed @ Bilal @ Zana were untraceable. Thus, out of the five accused persons, we are concerned only with accused no.1 (appellant herein) Mohd. Ayub Dar S/o Abdul Ahad.

2.It so happened that on 21.5.1990, at about 11 O’ clock in the morning, three unknown terrorists entered into the house of Mirwaiz Moulvi Farooq with the intention of killing him and Moulvi Farooq was severely injured by gun-shot. He, ultimately, succumbed to the injuries in Soura Hospital, Srinagar, and, therefore, the offence