JUDGMENT :

Ashwani Kumar Mishra, J.

1. This bunch of criminal appeals is by the accused-appellants assailing a common judgment and order dated 1st February, 2007 passed by the Sessions Judge, Mainpuri in Sessions Trial No. 97 of 2005 (State Vs. Jagannath and 5 Others) and Sessions Trial No. 104 of 2005 (State Vs. Hariom), arising out of Case Crime No. 286 of 1996, under Sections 147, 148, 302/149, 307/149 I.P.C., Police Station-Bhogaon, DistrictMainpuri, whereby all the accused-appellants have been convicted and sentenced to two years rigorous imprisonment each under Section 148 I.P.C.; seven years rigorous imprisonment each under Section 307/149 I.P.C. with fine of Rs. 30,000/- each and in default thereof, to further undergo one year additional simple imprisonment; life imprisonment each under Section 302/149 I.P.C. with fine of Rs. 70,000/- and in default thereof, to further undergo one year additional simple imprisonment each. All the sentences are to run concurrently.

2. As these appeals arise out of the same judgment and order. As such they were clubbed together and are now being decided by this common judgment.

3. We have heard Mr. V.P. Srivastava, the learned Senior Counsel assisted by Mr. Rajiv Lochan Shukla, Mr. Rajeev Nayan Singh and Mr. Arun Sharma, learned counsel appearing for the accused-appellant Rama Kant Dixit, Mr. Brijesh Sahai, learned Senior Advocate assisted by Mr Bhavya Sahai, Mr. Sarvesh Kumar Dubey, Mr. Waquar Ahmad and Abhay Singh Yadav, learned counsels appearing for the accused-appellants Vipin Dixit, Chandra Kant and Hari Om, Mr. Rajiv Lochan Shukla and Mr. Sarvesh Kumar Dubey, learned counsel appearing for the accusedappellant Devendra and Mr. Arun Kumar Shukla, learned counsel appearing for the accused-appellant Kaushlendra and Mr. Arunendra Singh and Mr. Amit Sinha, learned A.G.As. for the State.

INCIDENT

4. On 6th September, 1996 an incident occurred at around 04:30 p.m. on Mainpuri-Bhogaon road near Raja ka Bagh at a distance of nearly 3 kilometres from Bhogaon Police Station, where six persons travelling in a Commander Jeep from Mainpuri to Bewer were shot dead in broad day light in a brutal shoot-out. Those killed in the incident were Hem Singh, Gajendra Singh alias Tillu, Ram Kishan Singh, Naresh Dixit, Ashok Parihar and Mahesh Yadav.

PROSECUTION CASE

5. The first informant Surendra Singh (P.W.-1) submitted a written report on 6 th September, 1996 at Police Station-Kotwali, District Mainpuri on the basis of which a first information report (Exhibit-ka/8) came to be registered as case crime no. Nill of 1996 at 17.35 p.m. No case crime number was assigned to this FIR, since the offence was committed within the territorial limits of Police Station-Bhogaon. Constable Udai Ram of Police Station-Kotwali brought the FIR and the written report submitted by the first informant to Police Station-Bhogaon on the basis of which case crime no. 286 of 1997 was allotted to the FIR and its contents were recorded in the General Diary maintained at Police Station-Bhogaon.

6. The written report of first informant/P.W.-1 has been proved by him in which it is alleged that he, his son Gajendra Singh alias Tillu, driver Hem Singh Yadav, Mahesh Singh Yadav, Ashok Parihar, Naresh Dixit, ExPradhan Devendra Singh, Santosh Gupta and his younger brother Santosh were going to Bewar from Mainpuri by his jeep. While on their way ahead of railway crossing, a Gypsy and Maruti Van overtook his Jeep at around 4.30 pm and positioned them in front of the jeep. Accused Ramanand, Hariom, Hukam Chand, Anand, Jagannath, Devendra, Vipin, Kaushlendrapal Singh, Raj Bhushan, Billu, all residents of Bewer armed with rifles and guns, got down from these two vehicles and exhorted to finish them all and thereby take revenge. The informant along with Santosh Gupta, Santosh Singh and Devendra Singh ran out of their jeep and from the nearby field saw that all the above named accused persons fired indiscriminately with their rifles and guns, in which exc