Shah, J. - (1.)These appeals have been filed against the Judgment and order dated 7-8-2000 passed in TADA Special Case No. 31 of 1993 passed by the Designated Court for Greater Bombay at Bombay. By the impugned judgment and order, out of 24 accused the Designated Court convicted A-6 Subhashsingh Shobhnathsingh Thakur. A-2 Jaywant Dattatraya Suryarao and A-7 Shamkishor Shamsharma Garikapatti for the various offences as under :-
1. A-6 Subhashsingh Shobhnathsingh Thakur -

(a) under Section 3(2)(i) of TADA (P) Act and is sentenced to death and to pay a fine of Rs. 500/-, in default of payment of fine to undergo rigorous imprisonment for one month more;

(b) under Section 120-B, IPC and is sentenced to death;

(c) under Section 3(2)(ii) of the TADA (P) Act and is sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine to undergo rigorous imprisonment for one month more;

(d) under Section 3(3) of the TADA (P) Act and is sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/- in default of payment of fine to undergo rigorous imprisonment for one month more;

(e) under Section 5 of the TADA (P) Act and is sentenced to suffer imprisonment for a term of 10 years and to pay a fine of Rs. 100/-, in default of payment of fine to undergo rigorous imprisonment for one month more;

(f) under Section 6 of the TADA (P) Act and is sentenced to suffer imprisonment for 10 years and to pay a fine of Rs.100/-, in default of payment of fine to undergo rigorous imprisonment for one month more;

(g) under Section 302 of Indian Penal Code for causing the death of Shailesh Shankar Haldankar and is sentenced to death and to pay a fine of Rs. 500/- only, in default of payment of fine to undergo rigorous imprisonment for one month more;

(h) under Section 302 of Indian Penal Code for causing the death of Police Head Constable C.G. Javsen, B. No. 18005 and is sentenced to death and to pay a fine of Rs. 500/- only, in default of paymet of fine to undergo rigorous imprisonment for one month more;

(i) under Section 302 of Indian Penal Code for causing the death of Police Constable K.B.Bhanawat, Buckle No. 22579 and is sentenced to death and to pay a fine of Rs. 500/- only, in default of payment of fine to undergo rigorous imprisonment for one month more;

(j) under Section 307 read with 34 of Indian Penal Code for attempting to commit the murder of PW9 Police Constable Vijay Krishna Nagare, PW42 PSI K.G. Thakur, PW11 Shankar Ganpat Sawani, PW54 Shankar Ramchandra Jadhav and is sentenced to suffer imprisonment for life;

(k) under Section 27 of the Arms Act and is sentenced to death;

2. A-2 Jayawant Dattatray Suryarao -

(a) under Section 3(4) of the TADA (P) Act and is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default of payment of fine to undergo rigorous imprisonment for one month;

(b) under Section 212 of IPC and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/-, in default of payment of fine to undergo rigorous imprisonment for one month;

3. A-7 Shamkishor Shamsharma Garikapatti -

(a) under section 3(4) of the TADA (P) Act and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 500/- only, in default of payment of fine to undergo rigorous imprisonment for one month;

(b) under Section 212 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default of payment of fine to undergo rigorous imprisonment for one month."

(2.)A-1 Jahur Ismile Faki, A-3 Mehaboobi Aziz Khan. A-4 Anil Amarnath Sharma, A-8 Ahmed Mohmed Yasin Mansoori, A-9 Jaiprakashsingh Shivcha-ransingh @ Bacchisingh and A-10 Prasad Ramakant Khade were acquitted for the offences for which they were charged. For A-11 to 24, it has been stated that some were shot dead during the trial and some were absconding. Therefore, the trial of the accused, present in the Court, was separated. Against the said Judgment and order -
(a) A-2, Jayawant Dattatray Suryarao has preferred Criminal Appeal No. 975 of 2000.

(b) A-6 Subhashsingh Shobhnathsingh Thakur has preferred Criminal Appeal No. 966 of 2000; and as he was sentenced to death, there is Death Reference Case No.1 of 2000.

(c) A-7 Shamkishor Shamsharma Garikapatti has preferred Criminal Appeal No. 956 of 2000.

(d) The State has preferred Criminal Appeal No. 1101 of 2000 against the acquittal of A-1 Jahur Ismile Faki, A-3 Mehaboobi Aziz Khan, A-4 Anil Amarnath Sharma, A-8 Ahmed Mohmed Yasin Mansoori, A-9 Jaiparakashsingh Shivcharansingh @ Bacchisingh and A-10 Prasad Ramakant Khade.

(3.)It is the prosecution version that on 12-9-1992 at about 03.20 hours the incident of shoot out took place in J.J. Hospital Campus at Mumbai, which is a Government Hospital having occupancy of 1500 beds. It is alleged that having made preparation, such as procuring sophisticated weapons like AK-47 rifles, pistols, revolvers, dynamites and hand-grenades and by firing the shots through the said weapons, accused have committed murder of (1) Prisoner Shailesh Shankar Halda-nkar, who was undergoing treatment in Ward No. 18 in the said hospital; (2) Police Head Constable Chaintaman Gajanan Javsen; and (3) Police Constable Kawal-singh Baddu Bhanawat. The two Policemen were on guard duty of prisoner Shailesh Shankar Haldankar. It is also alleged that they attempted to commit murder of six other persons including PW11 Shankar Ganpat Sawant - a patient undergoing treatment in ward No.18, Yunus Mohamed Dadarkar - a relative of a patient, PW54 Shankar Ramchandra Jadhav - watchman on duty, PW9 Constable on guard duty, Vijay Krishna Nagare, PW42 PSI Thakur, the Police Officer on duty to exercise the supervision over the guard and a staff nurse Smt.Chandrakala Vithal Vinde, who was on duty. Thus, it is alleged that all the accused have committed the offence punishable under Sections 120-B of IPC read with 3(2)(i), 3(2)(ii), 3(3), 3(4), 5 and 6 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'TADA') and Section 302 read with section 34, in the alternative section 302 read with section 114, in the alternative read with Sections 149, 307 read with section 34, in the alternative section 307 read with section 114, in the alternative section 307 read with section 149 of the Indian Penal Code and Section 27 read with section 5 of the Arms Act.