JUDGMENT

Nanavati, J.- The appellants, who are original accused Nos. 1, 7 and 10 have filed this appeal under Section 19(1) of the Terrorist and Disruptive Activities (prevention) Act, 1987 against the judgment and order passed by the Designated Judge and, Additional Sessions Judge, Baroda in TADA case No. 64 of 1991.

2. On 23.4.1991 at about 10 P.M. there was a communal disturbance in the city of Baroda. In an incident which took place around l0.15 P.M. near Mehta 'Pole' (Street) which is on the northern side of Mandavi Gate and in between Champaner Gate and Mandavi Gate two Muslim boys were attacked with sharp weapons: They were taken in an injured condition by other Muslim boys to Rajpura 'Pole' which is on the eastern side of Mandavi Gate and in between Mandavi Gate and Pani Gate. It was the prosecution case that because of the attack on these two Muslim boys the residents of Rajpura 'Pole', which is inhabited by Muslims, got excited and soon a mob of 25 to 30 boys of that street collected near its entrance and started shouting words like 'beat', 'kill', 'kill Hindus'. Some of them were armed with weapons. They first attacked Rajarain (P.W. 47) who was proceeding on his moped f