JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Interpretation of the provisions of Section 299 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), Section 33 of the Indian Evidence Act, 1871 as also Section 14(5) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short ‘the TADA’) is involved in this appeal which arises out of a common order dated 6th March, 2007 passed by the Designated Court (TADA), Pune, in Application Exh. 1118 and 1227 in TSC No. 2/1996, 1/1997and 2/1997.

3. The said question arises in the following fact situation.

One Suresh Narsinh Dube was shot dead at Nallasopara Railway Station in the suburbs of Mumbai on 9th October, 1989. The impleaded respondent herein, the brother of the deceased, filed a complaint petition with regard to the incident. Appellant absconded.

A proclamation under Section 82 of the Code was thereafter issued on 9th February, 1993 declaring the appellant as a proclaimed offender. Subsequently, the said proclamation was also published in different newspapers on various dates.

In connection with the said occurrence initially 12 persons were charge-sheeted upon completion of investigation on 27th August, 1993, w