JUDGMENT

K. JAYACHANDRA REDDY, J. —There are three appellants in this appeal and they figured as accused Nos. 1,11 and 12 before the trial Court. They along with nine other accused Nos. 2 to 10 were tried for offences punishable under Section 302 read with Section 149, Section 325 read with Section 149, Section 323 read with Sections 149 and 452, I.P.C. The trial Court acquitted all the 12 accused. The State of U. P. preferred an appeal against the said order of acquittal and the High Court convicted the three appellants under Section 302 read with Section 149, I. P.C. and sentenced each of them to undergo imprisonment for life, under Section 323 read with Section 149 to undergo one years R.l., under Section 325 read with Section 149 to undergo five years R.I. and under Section 148 to further undergo 2 years R.I. The acquittal of the rest of the accused was confirmed. In this appeal it is submitted that the F.1.R. was lodged belatedly after due deliberations and the witnesses were all interested and their evidence ought not to have been relied upon by the High Court. The further submission is that the defence version namely that some unknown assailants cornmitted dacoity in the house of the deceased on that night and caused the death of the deceased and also caused injuries to P.Ws., is probable, and that the prosecution witnesses have put forward the present story after due deliberations. To appreciate this contention it becomes necessary to state the prosecution case in brief.

2. The deceased, the accused and the material witnesses belong to village Sidhapur ,in Barabanki District. The deceased Idris was a well-to-do man of the village and his house was situated in the midst of the village. To the north of his house was the house of P.W. 6 and to his east was the house of P.W. 5. P.W. 1, his wife, also belongs to the same village. P.W. 2 is the farm servant of the deceased and belongs to the same village. About a week prior to the occurrence the deceased had purchased the tobacco field of one Ghulam Lodh and paid Rs. 300/- as earnest money. Ghulam Lodh, however, sold that plot subsequently to accused Nos. 1 and 9. In the morning of 8th March, 1967 at about 8 a.m. P,W. 2, the farm servant of the deceased met Ghulam Lodh on the way and questioned him as to why he has sold the field to accused Nos. 1 and 9 and there was a verbal altercation between them. Apprehending an assault P.W. 2 ran to the deceased and told him what had happened. Thereupon the deceased went to accused Nos. 1 and 9 and Ghulam Lodh. On return from them the deceased told his wife P.W. 1 that accused Nos. 1 and 9 and Ghulam Lodh were bent upon a quarrel. At about noon, the deceased learnt that accused No. 1 and others were collecting persons. On hearing that the deceased called for his labourers. They, however, were busy in separating tobacco leaves from the stumps, inside the house. At about 5 p.m. when the deceased and his servant including P.W.2 his wife P.W. 1 and his brothers P.W. 8 and Moharram Ali were sitting on the Chabutra, about 20 men came there. One Putti, the absconding accused was holding a hand-grenade and a country made pistol. On seeing the miscreants, those who were sitting outside his house, ran inside and closed the eastern exit. But some of the miscreants climbed down the house and opened the exit. Thereafter all those, who were outside his house, also entered the inner courtyard. On seeing them the deceased, his son and his two brothers ran to take shelter in the western kothri and closed the door. Some of the labourers including P.W.2, however, stayed in the inner courtyard. The miscreants assaulted the labourers in the courtyard. There upon they broke open the western side door and from there dragged the deceased and his two brothers and beat them with lathis. When P.W. 1 rushed to the rescue of her husband, Chauhan accused No. 11, who is one of the appellants herein, caught hold of her. Because of severe beating the deceased fell dow