JUDGMENT

S.B. SINHA, J.—

1.Appellants were convicted for commission of offences under Sections 302/149, 323/149 and 148 of the Indian Penal Code, inter alia, for committing murder of Jharmal and Juhru and also causing hurt to Mubin on 26th October, 1991 at about 1.00 a.m.

2.The First Information Report in relation to the said incident was lodged at about 7.00 a.m. on the same day by Kannu son of Chhote Khan (brother of the deceased Jharmal and Jharu). The distance between the place of occurrence and the police station is said to be about six kilometers. The first informant had to walk to the police station for the purpose of lodging the First Information Report.

3.In the said First Information Report, it was alleged that when at about 1.00 a.m. on the previous night the deceased and injured were thrashing bazra, they were attacked by 12 persons, namely, Mohd. Ishaq, Sahid, Abdul Salam, Umar Mohd., Narangi, Liyakat Ali, Gernal, Jamalu, Alladdin, Rustam, Jamil, Mewan and Bilag. It was furthermore alleged that Sahid and Gernal were carrying 12 Bore guns, Mohd. Ishaq Abdul and the rest of the accused were having lathis.

4.On exhortation given by Mohd. Ishaq ordering to shoot down Jharmal a