ORDER

1. We have heard the learned counsel for the parties at length.

2. The appellant Mohd. Maqbool Tantray along with 17 others was tried for offences punishable under Sections 302/392/364 etc. of the Ranbir Penal Code [for short `the RPC'] and Section 3(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 [hereinafter referred to as `the TADA'] for being involved in the abduction and murder of former MLA Mir Mustafa on the 25th March, 1990. Eleven of the accused were discharged on the statement made by the Public Prosecutor, three died during the pendency of the trial and one absconded and three were brought to trial including the appellant. In the trial three co-accused of the appellant herein were acquitted but the court relying on the evidence of various prosecution witnesses and in particular on the confessional statement given by the appellant to the SSP Mr. A.K. Suri, convicted him for offences punishable under Section 364 read with Section 120B of the RPC and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default to undergo imprisonment for six months and under Section 3(2)(ii) of TADA to undergo rigorous i