JUDGMENT

The two appellants herein, along with four other persons, were charged for committing offences under Sections 148, 302, 302/149 as well as Section 307/149 of the Indian Penal Code, 1860 (IPC). First Information Report in this behalf was registered with Police Station Sahawar, District Etah, Uttar Pradesh. The case of the prosecution, as can be discerned from the FIR which was lodged by complainant-Netrapal (PW-1) on 24th March, 1985 at 9.05 a.m. and mentions the date and time of the incident as 23rd/24th March, 1985 at 00:30 hours, is to the following effect:

2. In the night of 23rd/24th March, 1985, the complainant-Netrapal, along with his father Sonpal, was sleeping in the verandah of their sitting room and his uncle Raghuvar Dayal, along with the brother of the complainant, viz., Bhoop Singh, was sleeping inside of the said sitting room. At about 12.30 a.m., six accused, viz., Genda Lal, Ganpat, Sripal, Virendra, Ram Shankar Lodha and Iqbal came there armed with rifles and katta. They woke up the complainant's father-Sonpal and asked him where his son Chandrapal was. Hearing their voice, the complainant also woke up. His father told the accused persons that Chandarpal was