JUDGMENT

S.B. Sinha, J.—

1. These two appeals arising out of a common judgment and order dated 1.8.2006 passed by a Division Bench of the Punjab & Haryana High Court at Chandigarh in Criminal Appeal Nos. 311-DB of 2005 and 392-DB of 2005 were taken up for hearing together and are being disposed of by this common judgment.

2. Appellants were prosecuted for commission of offences punishable under Section 302, 307, 353 and 34 of the Indian Penal Code (for short, “IPC”). They were, it is of some significance, not charged for commission of offence punishable under Section 25 of the Arms Act.

3. The prosecution case is as under.

During the night intervening 24/25.12.1999, Inspector Kuldeep Singh (P.W.10) received a secret information that the accused Sattey (since deceased), Sunil, Vinod, Hemu (appellants herein) and one Pappu @ Lilu (absconding) of U.P. (said to be dacoits), would be coming to Lakarpur. On the basis of the said information, Inspector Kuldeep Singh deputed ASI Randhir Singh (P.W.3), Constable Ramesh Kumar (P.W.2) and Constable Lasker Singh (deceased) to the said village in civil cloths. Allegedly, on recognizing the policemen, accused persons opened fire and a gun battl