JUDGMENT

C.K. Prasad, J. —

1. This appeal by way of special leave filed under Article 136 of the Constitution of India is against the judgment dated Ist July, 2003, of the Allahabad High Court in Criminal Appeal No. 3083 of 2001 whereby it had affirmed the judgment and order of conviction and sentence of the appellants passed by the Special Judge, Bullandshahar in Sessions Trial No.154 of 1998.

2. The appellants Dharamveer, Sanjay, Vedi and Vinod besides other accused persons were put on trial for offence under Sections 148, 302/149 and 307/149 of the Indian Penal Code. The Trial Court convicted all the appellants under Sections 148 and 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year and life respectively. They were further convicted under Sections 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years. Sentences were directed to run concurrently. On an appeal the High Court dismissed the same.

3. Prosecution commenced on the basis of report given by PW.1 Jaipal Singh on 10/10/1997 to the In- charge out-post at Khurja junction within Khurja Police Station. According to the prosecution on 10th Oc