Hon’ble Harsh Kumar, J.—The present appeal has been filed against judgment and order dated 12.4.1983 passed by Special Judge, EC Act, Etah in Sessions Trial No. 420 of 1982 State v. Saddiq, case crime No. 424 of 1981 under Sections 148, 307/149 and 302/149 I.P.C. P.S. Kasganj, district Etah convicting 3 for the offences under Section 148, 307/149 & 302/149 I.P.C. and acquitting rest 3 out of 6 accused.

2. Feeling aggrieved the convicted accused persons have preferred this appeal, while no appeal is reported to have been filed by State, first informant or any of the victim against the acquittal part of order in respect of other 3 accused.

3. Brief facts relating to the case are that on 28.5.1981 first informant Suleman submitted a Tehrir/written report scribed by Ram Singh, at P.S. Kasganj, district Etah upon which F.I.R. was lodged against 7 accused persons at case crime No. 424 of 1981 under Sections 147, 148, 149, 302 and 307 I.P.C. The occurrence in question is alleged to have occurred in the midnight of 27/28.5.1981 of which F.I.R. has been lodged the next morning at 7.10 a.m. in P.S. Kasganj at a distance of 7 miles.

The brief facts of the F.I.R. are as follows :

“It is submitted that yesterday on 27.5.1981 the marriage party of my brother Puttan had returned from Salimpur P.S. Khurawali, district Mainpuri and there were several relatives at home who had come for attending marriage; that around midnight there was a storm/Andhi due to which everybody woke up and after making the lantern on, they were talking in the Courtyard; that the Southern wall of the Courtyard is quite low and certain persons were seen by the side of wall, who were suspected as miscreants; that upon such doubt Lala Ram and Ismail with torches in their hands and his brother-in-law Allah Raji, brother Sattar and Maujuddin with lathis in their hands quickly moved towards the Southern wall, but by that time four miscreants came inside the Courtyard by scaling the wall and one miscreant upon being hit with lathi by Allah Raji fell down and called his associates; that in the meantime, miscreants Pratap with his gun and Subedar and Masoom Ali with their pistols made four fires of which pellets hit his brother-in-law Allah Raji who fell down and died on the spot while multiple injuries were caused to applicant, his father, brother Sattar as well as niece Hajra; that on this the family members and relatives pelted bricks and stones over miscreants and armed license holders from Garhi (abadi/colony) also made fires upon which and miscreants fled towards South; that in the light of torches applicant and others identified the miscreants as Saddiq, Sanju/Sannu, Masoom Ali, Pratap, Subedar, Radhey and Suraj Pal and others who may also be identified, if brought before them; that the miscreants could not take away any materials/goods from his home; that other miscreants were also armed with pistols and the were identified being previously known to them, as they were also residents of same vicinity”

4. Upon submission of the Tehrir/written report, chik F.I.R. was prepared at case crime No. 424 of 1981. The investigating officer visited the spot, prepared memos of recovery of torches, lantern, sample of simple and blood strained earth, sent four injured persons for medical examination and treatment at P.H.C., Kasganj, and dead body of Allah Raji for postmortem and after collecting his postmortem report as well as injury reports of the injured persons and making enquiry from witnesses completed the investigation and submitted charge-sheet.

5. Upon submission of charge-sheet and taking of cognZance, the case was committed to sessions and registered as Sessions Trial No. 420 of 1982. The learned Additional Sessions Judge after hearing the accused persons on 23.11.1982 framed charges against accused Saddiq, Sannu and Suraj Pal under Sections 147, 307/149, 302/149 and 460/109 I.P.C. and against Masoom Ali, Pratap and Subedar under Sections 148, 307/149, 302/149 and