(Delivered by Vikram Nath, J.)

All the above 5 appeals filed by the accused are directed against the judgment and order dated 31.08.2004/01.09.2004 passed by the Additional District Judge, Court No.8, Aligarh in Sessions Trial No.803 of 2003, State vs. Anil Kumar and others, under sections 148, 302/149, 307/149, 449, 504, 506 IPC, arising out of Case Crime No.0032 of 2003, P.S. Gonda, District Aligarh, Sessions Trial No.821 of 2003, State vs. Raj Kumar, under section 25 Arms Act, arising out of Case Crime No.44 of 2003, P.S. Gonda District Aligarh, Sessions Trial No.822 of 2003, State vs. Harpal, arising out of Case Crime No.54 of 2003, under section 25 (1) (A) Arms Act, P.S. Gonda, District Aligarh, Sessions Trial No.823 of 2003, State vs. Ratish alias Satish, arising out of Case Crime No.47 of 2003, under section 4/25 Arms Act, P.S. Gonda, District Aligarh, Sessions Trial No.824 of 2003, State vs. Ashok Kumar, arising out of Case Crime No.43 of 2003, under sections 25(1)(A) Arms Act, P.S. Gonda, District Aligarh and Sessions Trial No.25 of 2003, State Vs. Vipin, arising out of Case Crime No.46 of 2003, under section 25(1)(A) Arms Act, P.S. Gonda District Aligarh, whereby all the 10 accused appellants namely Anil Kumar, Raj Kumar, Subhash, Ashok, Rajveer, Babban, Vipin @ Vippa, Ratish, Ajay and Harpal have been convicted under sections 148, 302 read with section 149 and under section 449 IPC and further accused appellant Ashok Kumar, Raj Kumar, Harpal, and Vipin @ Vippa have been convicted under section 25 (1)A of the Arms Act and the accused appellant Ratish has been convicted under section 4/25 of the Arms Act and sentenced for life imprisonment and other allied sentences under different sections.

The prosecution story commences with the submission of a written report dated 18.03.2003 (Ex. Ka-1) presented by the complainant Pradeep Kumar (PW1) at 5.45 p.m. at Police Station, Gonda, District Aligarh, stating that at about 4.30 p.m. in the evening his elder brother Kuldeep, father Chhiddi Singh, uncle Rajendra Singh and Virendra Singh and his cousin Dhirendra Singh and Prem Pal son of Heera Singh resident of Nunera alongwith Lachcho Singh and Devendra Singh of his village after Holi Milan were sitting in his 'Varandah' and were talking to each other when Anil Kumar armed with 'Licensee Rifle', Raj Kumar armed with 315 Bore Pistol', Subhash armed with 'Licensee Double Barrel Gun', Ashok armed with 'Poniya' (short barrel country made gun), Rajveer armed with 'Double Barrel Licensee Gun', Babban armed with 'Single Barrel Gun', Vipin armed with 315 Bore Country-made Pistol', Ratish armed with 'Pharsa', Ajay armed with 'Country-made Pistol', Haripal armed with a 'Country-made Pistol' and Gulab Singh armed with a 'Country-made Pistol' came there abusing them. Accused Anil, Rajveer and Subhash said to Kuldeep that he was acting as a 'Neta' and today we will finish your 'Netagiri', on this Kuldeep and others present there tried to find out the reason for such exhortation whereupon to show their muscle power they dragged Kuldeep, Rajendra Singh, Chhiddi Singh, Virendra Singh on the strength of fire arms with them towards their house and in the lane near the house of Dharamveer, all the accused started indiscriminate firing on all the 4 persons who were forcibly taken by them, accused Ratish assaulted Virendra on his head with 'Pharsa', all the 4 fell down on account of the injuries received by them. The accused also fired towards the remaining persons of the complainant side present there with an intention to kill because of which they could not proceed to save the 4 persons who had been assaulted. In the meantime other residents of the village had also gathered but they all ran away on account of terror created by the accused persons. There was complete silence all around the village. The residents bolted their houses. The assailants left the place wielding their arms and firing in the air and further threatening that if an