Y. R. MEENA, J.

( 1 ) THIS appeal is directed against the judgment of Trial Court dated 28. 7. 1993 whereby the Trial Court has convicted the accused-appellants as under: (1) Arjun u/section. 302 IPC, imprisonment for life, fine of Rs. 5,000/- in default 2 years rigorous imprisonment. u/section. 3/25 Arms Act, one year R. I. , fine of Rs. 1,000/- in default 3 months R. I. (2) Girraj, u/section. 302 read with Section. 34 Tej Singh and Padam Singh IPC, Life imprisonment, fine of Rs. 5000/- in default 2 years rigorous imprisonment. U/section, 323 IPC, 1 year rigorous imprisonment, fine or Rs. 1000/-, in default 3 months rigorous imprisonment.

( 2 ) THE brief facts giving rise to this appeal are that one Mohan Singh son of Govind Singh has given a written report (Ex. P. 3) on 4. 12. 1991, at Police Station Chiksana alleging therein that on 4. 12. 1991 at about 3. 00 p. m. While the informant Gopal Singh and Om Prakash were going for duty in Simco Factory near Ram Laxman temple, accused-appellants Arjun, Girraj, Tej Singh and Padam Singh met them and they stopped them. Arjun and Padam Singh were armed with country made pistols, Girraj was armed with Gupti and Tej Singh was arm