Judgment

M.K. Mukherjee, J.-Leave granted in both the petitions.

2. Suresh Budharmal Kalani @ Pappu Kalani and Dr. Aken Kumar Gajendra Rai Desai, the appellants in these two appeals, figure as accused (besides others) in TADA Special Case No. 31 of 1993, pending before the Designated Court, Brihan Mumbai constituted under The Terrorists and Distruptive Activities (P) Act, 1987 (TADA for short). The case arises out of an incident of rioting, murder and other cognate of­fences that took place on September 12, 1992 at J.J. Hospital, Bomay. According to the prosecution case, on that day at or about 3.45 P.M. a group of persons armed with automatic fire arms, such as pistols, AK 47 assault rifles, stormed into Ward No. 18 of the hospital and opened fire upon Shailesh Haldankar, who was an accused in Crime No. 452/92 of V.P. Road Police Station and admitted there due to injuries earlier sustained. The indiscriminate firing by the miscreants resulted in the death of Haldankar and two policemen on guard duty and injuries to five others. Shri K.G. Thakur, Sub-Inspector of police attached to V.P. Road Police Station, who was then on duty at the hospital re­turned the fire causing injuries to s