Judgment

Pattanaik, J.-These two appeals are directed against the Judgment and Order 30th January, 1997 of Allahabad High Court arising out Sessions Trial No. 213 of 1978 before the Sessions Judge, Mainpuri. Five appel­lants were tried for offences under Section 302/149 and Section 148 IPC on the allegation that all of them came armed and surrounded the deceased Jai Dayal Singh, while he was busy with cultivation work on 15.10.77 at 1.00 P.M. and opened fire at him. On account of such firing the deceased died. The further prosecution case is that on account of previous rivalry between the parties the deceased had been given police guards and those police guards arrived at the scene of occurrence and even chased the assailants and fired at them but all the assailants escaped. While the deceased was on the field, P.W. 1 Jai Prakash and P.W. 2 Satyapal Singh were also there but they ran for their lives to a certain distance and came to the place of occurrence only after the assailants left the place. Jai Prakash P.W. 1 gave a written report at the Police Station at 3.05 P.M. which was treated as FIR and the police then started investigation. After completion of investigation, charge-sh