Judgment

Srikrishna, J.—The appellants were convicted under Section 148, Section 302/149 and Section 323/149 of the Indian Penal Code by the Trial Court and sentences were awarded to them consequently. Having failed in their appeals before the High Court, the appellants are before this Court by way of special leave.

Facts :

2. Sahab Khan, PW 3, made a written report (Ex.P6) on 11.7.1997 at 9.00 a.m. in Police Station Sadar, Alwar. According to him, between 7:00 and 7:30 a.m. on that day, he and his father, Dhandhad, and his brother, Isab, went to their field. Mangu Khan, Appellant No. 1, Sirdar Khan, Appellant No. 2, Subedar Khan, Appellant No. 3, (Deen Mohd. and Jamil Khan, since acquitted), who had enmity against them on account of construction of a bund, were sitting on the bund duly armed with lathi, farsi, tanchia and kattas. As soon as the informant, his father and brother approached, all the aforesaid persons attacked them with farsi, lathi and tanchia. Consequently, Dhandhad and his brother, Isab, fell down and died on the spot itself. He also sustained some injuries as a result of the assault. The Police Station, Sadar, Alwar registered a case under Sections 147, 148, 149, 30