JUDGMENT

Dr. B.S. Chauhan, J. —

1. These appeals have been preferred against the judgment and order dated 4th May, 2005, of the High Court of Judicature at Allahabad, passed in Criminal Appeal No. 6180 of 2003, along with Criminal Appeal Nos.3749 of 2003 and 4648 of 2004, against the judgment and order of the Sessions court, Bareilly dated 5th August, 2003, in Sessions Trial No. 855 of 2001 in Crime No. 384/2000.

2. Fact and circumstances giving rise to these appeals are as under:

(A) First Information Report No.239/2000 was lodged on 31st May, 2000 at 3.20 P.M. by Atar Singh (PW.1) at Police Station Bahedi, Distt. Bareilly. It stated that his grand father Natthu Singh @ Raghunath Singh had an enmity with the family of one Nem Chand Gangwar and on that date he along with Natthu Singh @ Raghunath Singh, Rajendra Singh @ Goli, Virendra Singh, Dharam Pal Singh, Rajendra Singh and Satyapal Singh had come to Bahedi to get the Dynamo of their Jeep No. DDA 6162 repaired. Natthu Singh @ Raghunath Singh was sitting at the counter of the repairing shop, while Dharam Pal Singh and Rajendra Singh were sitting in the Jeep. Virendra Singh was standing in front of the Jeep. Gyanendra Singh kept h