Challenge in this appeal by the ten appellants namely Dharampal ( A-1), Dhiraj ( A-2), Subey Ram ( A-3), Mahipal ( A-4), Gopi ( A-5), Kanahiya ( A-6), Jasmal ( A-7), Bijaipal ( A-8), Jai Singh ( A-9), and Daya Chand ( A-10) are to the judgement and order of their conviction and sentence dated 19.9.83 rendered by Vth Additional Sessions Judge, Bulandshahar, in S.T.No. 264 of 1982, State versus Dharampal and others, relating to police station Dankaur, district Bulandshahar. Learned trial Judge has convicted appellants Dhiraj ( A-2), Sube Ram ( A-3), Mahipal ( A-4) & Kanhaiya ( A-6), u/s 302/149 I.P.C. and has sentenced them to life imprisonment. Rest of the appellants Dharampal ( A-1), Gopi ( A-5), Jasmal ( A-7), Bijaipal ( A-8), Jai Singh ( A-9), and Daya Chand ( A-10) were convicted u/s 307/149 I.P.C. and were sentenced to 7 years R.I.

Eschewing unnecessary details and recapitulated briefly, prosecution allegations against the appellants as was penned down by the informant Raghuraj Singh, PW2 in his written FIR, Ext Ka-2, and later on deposed during the trial by the four fact witnesses, informant Raghuraj Singh, PW 2, injured Rajendra, PW 3, Jile Singh, PW4 and Harbal