IMPORTANT POINT
If the medical evidence is found to be totally inconsistent with the ocular evidence on a given set of facts, it would be permissible for the court to reject the ocular evidence.

JUDGMENT

S.P. Kurdukar, J.-The six appellants alongwith five other accused persons (since acquitted) were put up for trial before the Addl. Sessions Judge, Gurgaon for offences punishable under Sections 148, 302/149, 323/149 and 120-B of the Indian Penal Code for conspiracy, rioting, committing the murders of Chao Khan and Baddal and causing injuries to Isrile (PW 11). The learned trial judge by his judgment and order dated 29th January, 1993 acquitted all the accused persons of the offence punishable under Section 120-B of the Indian Penal Code, but, convicted Anwar (A-1), Dalmar (A-2), Idu (A-5), Udai Singh (A-6), Sattar (A-7), Gaffar (A-8) and Rashid (A-9) for offences punishable under Sections 302/149 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 500/- each; in default of payment of fine to undergo further RI for five months. They were also convicted under Sections 148 and 323 read with Section 149 of the Indian Penal Code and each one of them was sentenced to suffer RI for six months. The substantive sentences were ordered to run concurrently. Jai Singh (A-3), Saroman (A-4), Jasmal (A-10) and Januru (A-11) came to be acquitted of all the charges. The seven convicts preferred an appeal to the Punjab & Haryana High Court at Chandigarh and the learned Division Bench vide its judgment and order dated November 22, 1993 upheld the convictions and sentences of the appellants but, acquitted Gaffar (A-8) of all the charges. Aggrieved by the judgment and order passed by the High Court, the appellants, after obtaining Special Leave, have filed this appeal in this Court.

2. The prosecution story as disclosed at the trial is as under :

Chao Khan and Baddal (the two deceased) were residents of village Siraswal and owned agricultural land in the said village. A-1 and A-2 also owned agricultural land in the adjoining village called Luhinga Khurd. There was a long drawn enmity between the deceased and the accused. Asru, brother of A-1 and A-2, was killed about eight months prior to the incident in question which took place on 5th January, 1990. Chao Khan and Baddal alongwith their other brothers were charge sheeted for committing the murder of Asru and at the relevant time, their trial was pending before the Sessions Court. We are now informed that Jharmal, Abdul and Risal have been convicted for committing the murder of Asru. Trial against Chao Khan and Baddal (since deceased) abated.

3. It is further alleged by the prosecution that Chao Khan and Baddal were also facing criminal trial under Section 25 of the Arms Act which was then pending before the Judicial Magistrate 1st Class, Ferozepur Jhirka. The Judicial Magistrate 1st Class, Ferozepur Jhirka had fixed the case on 5th January, 1990 for trial and in that connection, both Chao Khan and Baddal alongwith Saheed son of Baddal, Risal and Isrile (PW 11) were going to the said court for attending the criminal proceedings. At about 7.00 a.m. on 5th January, 1990, they left their village in a four wheeler and got down at the bye-pass of Ferozepur Jhirka at about 9.30 a.m. When they were proceeding towards the court and reached near the bus stand of Ferozepur Jhirka. A-1 to A-4 and A-10, who were armed with country made pistols, encircled them and in the meantime A-5, A-6, A-7, A-8 and A-9 who were armed with lathis came running at the place of occurrence by the side of the bus stand. A-1 then fired from his pistol hitting Chao Khan on the head whereas A-2 fired from his pistol at Baddal. Both Chao Khan and Baddal sustained fire arm injuries on their heads and as a result thereof they fell down. The other accused persons thereafter started hitting both the injured with the lathis. When Isrile (PW 11) tried to intervene, A-8 and A-9 gave him lathi blows causing bleeding injuries to him. A-3, A-4 and A-10 who were having pistols then fired in the air. All the accused thereafter fled away but while doing so, A-1 had