Hon’ble Vinod Prasad, J.—Challenge in this appeal by quadruple of appellants, including a pair of real sibling brothers, namely Gyan Singh s/o Naubat Ram, Deen Dayal, Ram Babu both Ss/o Ram Sahai and Suresh Chandra are to their convictions Under Sections 148, 395 and 364 I.P.C. recorded by Special Judge, Scheduled Offences, Mainpuri in S.T. No. 455 of 1980, State v. Thakur Das and others, and imposed sentences of two years R.I. on the first count, eight years R.I. on the second count and ten years R.I. on the last count, by it’s impugned judgment and order dated 3.5.1982.

2. Briefly stated, prosecution allegations against the appellants, as are culled out from written F.I.R. Ext. Ka-1, chik F.I.R. Ext. Ka- 9 and depositions of fact witnesses P.W. 1 Chandra Pal and P.W. 2 Ajab Singh were that the informant and accused were collaterals. Their ancestor Kallu resident of village Devri-Faridpur, P.S. Jasrana, District Mainpuri had four sons Tota Ram, Amar Singh, Ganga Deen and Keval. Accused Thakur Das is the son of Tota Ram. Badlu and his sister were issues of Amar Singh, but it seems that Badlu had died very young. Tek Chand and accused Naubat Ram were sons of Ganga Din and informant Chandra Pal (P.W.1), Ajab Singh (P.W.2) and Vijay Pal (deceased) were sons of Keval. Accused Gyan Singh and Suresh were sons of Naubat Ram. Accused Deen Dayal, is the son-in-law of Naubat Ram and appellant Ram Babu is his real brother.

3. In the intervening night between 25/26.3.1980, P.W.1 and deceased were sleeping in their drawing room on the same cot, their father was sleeping on the roof, whereas their mother, informant’s wife, P.W.2 and Kayam Singh were sleeping in the house, when at about 2.30 a.m. six named miscreants/dacoits Naubat, Thakur Das, Suresh, Gyan Singh, Deen Dayal, and Ram Babu entered into their house from a window and pressed informant and his brother Vijay Pal on the cot. Thakur Das and Suresh were armed with country made pistols, Ram Babu, Gyan Singh, Deen Dayal had guns, and Naubat was armed with Lathi. Accused Suresh Chandra picked up the gun and the cartridge lying on the cot. Informant P.W.1 anyhow managed to get freed and with alacrity jumped out of the window and escaped outside. Albeit he was fired upon but providentially did not sustain any gunshot injury. Shrieks of P.W.1 attracted his father Keval and other villagers towards scene of decoity flashing their torches. Decoits, then abducted Vijay Pal alongwith the gun and retreated from informant’s house into darkness. This incident was witnessed by P.W.1, P.W.2 and other eye-witnesses in the flickering of lantern (debari) light and flashes of torches.

4. At the advent of dawn informant P.W.1 scribed F.I.R. Exhibit Ka-1, covered a distance of 8 miles on a cycle and lodged it at P.S. Jasrana, District Mainpuri on 26.3.80 at 4.15 a.m. as Crime No. 92/1980 under Section 395, 397, 364 I.P.C. against the named decoits.

5. H.M. Udai Veer Singh registered the crime, prepared chik F.I.R., exhibit Ka-9, and G.D. Entry, exhibit Ka-10. P.W.5, S.O. Rishi Pal Singh, engineered investigation, recorded 161 Cr.P.C. statements of P.W.1 and 2, conducted spot inspection and drew site plan, Exhibit Ka-11, recovery memo of torch and lantern, Exhibit Ka-12, recovery memo of clotted blood, Exhibit Ka-13. Later on P.W.s 1 and 2 and other searching witnesses Raghubir and Rameshwar discovered Vijay Pal’s corpse in a canal on 20.3.1980, two and half k.m.s away from informant’s house, under periphery of village Ata Nagaria. The cadaver was fished out by them and was carried to a distant of four furlong and was unloaded in a barren land(Usar). Raghubir, another brother of the deceased, was sent to inform the police regarding said recovery, which information was recorded at 6.20 at police station Ocha, by H.M. Pati Ram vide Ext. Ka-2. P.W.3, S.I. Raj Pal Singh accompanied by Const. Bharat Singh and Ram Das proceeded for the spot where cadaver of the deceased was lying and conducted inquest o