Y.K. Sabharwal, J. - Deceased Raghunath Yadav was convicted and sentenced by the Sessions Court at Varanasi for the murder of father of Brijesh Singh - who is one of the absconding accused in the present case. While on bail in appeal, Raghunath Yadav, apprehending danger to his life, came to reside at Mehsana in the State of Gujarat. On 14th June, 1992, Raghunath Yadav was murdered at Mehsana.

2. In TADA case Nos. 1, 2, 3 and 7 of 1996, twelve accused were tried by the Designated Judge, Ahmedabad for offences under Sections 302, 397, 307, 120B Indian Penal Code, Sections 3(1), 3(3), 3(4) and 5 of the Terrorist And Disruptive Activities (Prevention) Act, 1987 (for short TADA Act) and under Section 25(1)(a) and (b) of the Arms Act.

3. The charge-sheet against accused Nos. 1 to 3 was filed on 6th April, 1993, against accused Nos. 4 to 6 on 1st July, 1994, against accused Nos. 7 to 11 on 15th April, 1996 and against accused No. 12 on 26th November, 1996. The charges were that the accused persons and the absconding accused - Sharifkhan Azizkhan Pathan, Daud Ibrahim Meman, Brijeshsinh Bholansinh, Radayanarayansinh alias Harinarayansinh alias Bhulansinh Thakur, Unita Prajapati, de