Hon’ble Raghvendra Kumar, J.—All these three criminal appeals arise from the judgment and order dated 5.10.2004 passed by Additional Sessions Judge, Court No. 8, Aligarh in Sessions Trial No. 1973 of 1994 (State v. Yaseen and others, under Section 147/148/149/302 IPC in Case Crime No. 339 of 1994 of P.S. Quarsi, District-Aligarh), therefore, these are being disposed of by a common judgment and order.

2. Heard learned counsels for the accused-appellants, learned A.G.A. for the State of U.P. and perused the material available on record.

3. The Criminal Appeal No. 5223 of 2004 has been filed on behalf of accused-appellants namely, Yaseen s/o Rafiq, Yasen s/o Ali Mohd., Ahsan, Karua, Babu Kha, Janardan, Subhash and Kalicharan the Criminal Appeal No. 5241 of 2004 has been filed on behalf of accused-appellant Ramesh and the Criminal Appeal No. 6207 of 2004 has been filed on behalf of accused-appellant Devi Saran against the judgment and order dated 5.10.2004 passed by Additional Sessions Judge, Court No. 8, Aligarh in Sessions Trial No. 1937 of 1994 (State v. Yaseen and others) under Section 147, 148, 149, 302, 307 IPC in Case Crime No. 339 of 1994, P.S. Quarsi, District-Aligarh whereby the accused-appellants have been convicted for the offence under Section 148 and 302 read with Section 149 IPC and each of the accused were awarded rigorous imprisonment for two year for the offence under Section 148 IPC and imprisonment for life for the offence under Section 302/149 IPC alongwith a fine of Rs. 3000/- to each of the accused with default stipulation of one month additional imprisonment for each of the appellants.

4. Accused Jaiveer Singh and Ramveer Singh have been acquitted in the above referred Sessions Trial for the offence under Section 120 B IPC. Accused Daulat Ram is reported to have died during the course of trial. Accused Karua is reported to have died during pendency of this appeal. This fact has not been disputed by the learned A. G. A.

5. As per prosecution version the FIR of this case was lodged with Reporting Out Post (R. O. P.) Bypass, Jwalapuri, P.S. Quarsi on 28.7.1994 at 10.45 a.m. with respect to the incident that took place on the same day at 8.30 am. From perusal of FIR it is revealed that one Ravi Shankar lodged the information of the incident with police. According to prosecution Ram Singh (informant’s father), Veer Pal Singh (informant’s brother) had friendship with appellant Yaseen and others of the village, who are also criminals. Further it is revealed that Ram Singh and Veer Pal Singh have earlier been challaned by police on many occasion. Last year one criminal was murdered whereupon Yaseen and others suspected that the murder was got done by Veer Pal Singh, which resulted in differences between them. In the last December a fire was discharged upon informant’s brother Veer Pal Singh in which Yaseen and others were challaned. The proceedings under Section 107 Cr. P.C.are also pending against Yaseen and others. On 28.7.1994 father of informant Ram Singh was taking meal in a thatch (chappar) and Veer Pal (informant’s brother), one relative Mangal Singh @ Udal s/o Lekhraj, r/o Bai Kala, P.S. Barla and aunt of Mangal Singh, Laungshree were also sitting by the side of Ram Singh. Informant, his mother Ram Bala, Pushpa, Vimlesh, son Bhanu Prakash, relative Rajveer were also present. At about 8.30 a.m. Yaseen s/o Ali Mohd. equipped with pounia (illicit arm), Janardan equipped with gun, Devi Saran equipped with axe, Babu equipped with gun, Yasen s/o Rafiq equipped with gun, Ramesh Nai equipped with farsa, Ahsan equipped with country made pistol, Subash equipped with pounia (illicit arm), Kalicharan equipped with country made pistol, all being natives of informant’s village and Karua equipped with gun, Yaseen equipped with country made pistol came to the house and informant and started abusing. Informant’s father and Mangal Singh immediately rushed into the house. Informant’s father was caught by accused Janar