(1.) This appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA' for short) is directed against the judgment and order dated 21/07/1993 rendered by the Additional Judge. Designated court. Amritsar in Sessions case No. 300 dated October 31, 1991 convicting the appellant under Section 302 and 307 Indian Penal Code and Section 3 of TADA.
(2.) Shorn of Details the prosecution case is an under :
(3.) About a week later -in the dead of night between May 20 and 21, 1991 to be precise when Swinder Singh was sleeping in the courtyard of the house of Major Singh, the appellant and one Swinder Singh appeared there after scaling its boundary wall. While accused Swinder Singh went to the roof of the house the appellant stayed back in the courtyard. He (the appellant) then menacingly told Swinder Singh that his would-be wife Surinder Kaur should be presented before him. In the meantime Major Singh, the members of his family and Surinder Kaur, who were sleeping inside the house, got up. The appellant then started firing from the AK 47 rifle which he was carrying, aiming each of them as a consequence where of Major Singh and the other four members of his family comprising his two daughters and two sons and Surinder Kaur, sister of Swinder Singh, fell down dead. Swinder Singh was also fired at as a result of which he received injuries on right eye, chest, neck and other parts of his body. Thereafter the appellant and the other accused fled away.