JUDGMENT : K. S. CHAUHAN J. These appeals arise out of the same judgment, therefore, being disposed of by the common judgment. 2. Criminal Appeal No. 693/98 has been preferred by Bhoneraja @ Bhonesingh @ Dhurjansingh, Criminal Appeal No. 694/98 by Sheikh Hakim and Criminal Appeal No. 695/98 by Hardas, being aggrieved by the judgment, finding and sentence dated 6th February, 1998 passed by III Additional Sessions Judge, Sagar in Sessions Trial No. 81/97 and Sessions Trial No. 139/95 (suppl. case), whereby the appellant Sheikh Hakim has been convicted under section 302 Indian Penal Code and 25(1-b)(a), 27 of Arms Act and sentenced to life imprisonment + Rs. 10,000/- fine in default 2 years R.I., 2 years R.I. + Rs. 1,000/- fine, in default 6 months R.I. and 3 years R.I. + 1000/- fine in default 6 months R.I. respectively. Appellant Hardas has been convicted under section 302/34 Indian Penal Code and 25(1-b)(a), 27 of Arms Act and sentenced to life imprisonment + Rs. 10,000/- fine in default 2 years R.I., 2 years R.I. + Rs. 1,000/- fine, in default 6 months R.I., and 3 years R.I. + Rs. 1000/- fine in default 6 months R.I. respectively and appellant Bhoneraja @ Bhonesingh @ Dhurjansingh convicted under section 302 and sentenced to life imprisonment with fine of Rs. 10,000/- in default 2 years R.I. The sentences were directed to run concurrently. 3. The accused persons Munna, Ratan, Gullu @ Guluchand and Natthu were also prosecuted along with the present appellants but they have been acquitted by the trial Court from the offences levelled against them. Accused Jagbhan Singh was absconding but it is reflected from the para 2 of the judgment of the trial Court that Jagbhan Singh has expired. In the charge-sheet, it is mentioned that Ashok Kachere also died. 4. According to the prosecution, the incident is of 23-10-1996 at 11:30 p.m. of village Sasan. Kishori Yadav has lodged the report on 24-10-1996 at 6:00 a.m. at police station Chhanbeela, District Sagar wherein it is mentioned that at 9-10 p.m. on 23-10-1996 he was going to see his relative Khumam Yadav at Chhanbeela. He was waiting for vehicle at Barayatha triangle. After sometime, Police Inspector of Chhanbeela, Maheep Singh Thakur came there with his Bullet Motorcycle and Constable Shyamlal Pandit was also sitting behind him. At his request, he was also allowed to sit on the motorcycle. He was waiting for vehicle at Barayatha triangle. After sometime, Police Inspector of Chhanbeela, Maheep Singh Thakur came there with his Bullet Motorcycle and Constable Shyamlal Pandit was also sitting behind him. At his request, he was also allowed to sit on the motorcycle. As soon as they reached near Sasan village, they saw a truck standing in the middle of the road. Natthu Lodhi came from behind the truck told to the Inspector that 5 to 7 outsiders have stopped the truck. At that time, the complainant step down from the motorcycle and the Inspector carried it in front of the truck. He saw the appellants with other persons there. The search light of truck was on. These appellants were having the 12 bore guns with them. Others were also having 12 bore gun and katta. Inspector exhorted miscreants and asked them to surrender but Ashok Kachere grappled with Police Inspector, Shyamlal hit him by Danda and the Inspector took out his revolver. The firing started from both sides, therefore, he ran away behind the huts of the Adivasis. But while he was running, he saw that appellants and their companions have killed the Inspector and the Constable. He remained concealed throughout the night on account of fear and at morning at 5 a.m. he saw the dead bodies of the Inspector and Constable lying there. There were several gunshot injuries on their body. On his report, Crime No. 65/96 under section 396, 302 of Indian Penal Code was registered. Marg intimation No. 6/96 and 7/96 were registered regarding the death of Maheep Singh Thakur and Shyamlal. Blood stained, controlled soil as mentioned in Ex. P/3 to Ex. P/7 have been seized from the spot. The spot maps were prepared. The panchnama of dead body of Maheep Singh Thakur and Shyamlal were prepared. Their dead bodies were sent for post-mortem examination to P.H.C., Shahgadh. Dr. G. S. Kesharwani conducted the post-mortem examination and submitted the report. Sealed packet of baniyan and underwear etc were seized. The shirt and full pant of uniform of the deceased were also seized. The appellant Hardas was arrested on 15-12-1996 vide arrest memo Ex. P/33 and a gun with one empty and one live cartridge were seized from him vide seizure memo Ex.P/21 which was enclosed in Sessions Trial No. 139/97. Appellant Sheikh Hakim was arrested on 22-3-1997 vide arrest memo Ex.P/37. The appellant Hardas was arrested on 15-12-1996 vide arrest memo Ex. P/33 and a gun with one empty and one live cartridge were seized from him vide seizure memo Ex.P/21 which was enclosed in Sessions Trial No. 139/97. Appellant Sheikh Hakim was arrested on 22-3-1997 vide arrest memo Ex.P/37. His memo under section 27 of Indian Evidence Act (Ex.P/38) was recorded and in pursuance thereof the belt, holster and nine empty and one live cartridges were seized vide Ex.P/39 on 28-3-1997. His memo under section 27 of Indian Evidence Act Ex.P/40 was also recorded and in pursuance thereof he got recovered silver ring tied in cloth kept in Zarkin of plastic vide seizure memo Ex.P/41. One single barrel 12 bore gun with other articles were also seized in Crime No. 26/97 of Police Station Shahgadh from appellant Sheikh Hakim. The test identification parade was conducted of the seized articles silver ring, belt, holster of revolver etc by Naib Tehsildar, Shahgadh wherein the son of deceased Rajesh Kumar identified the silver ring of his father and Jagdish Prasad constable identified the belt holster etc. Munna, Ratan, Gullu @ Guluchand and Natthu Singh were also arrested and the firearms were also recovered from Munna, Ratan and Gullu @ Guluchand. The seized articles were sent for chemical examination to F.S.L., Sagar from where the reports were received. After completing the investigation, the charge-sheets were filed in the Court of Judicial Magistrate First Class, Banda, wherein case No. 56/97 was registered which was committed to the Sessions Court on 15-2-1997. 5. The appellants were charged under section 120-B, 396 or in alternative 302, 302/34 of Indian Penal Code and appellants Sheikh Hakim and Hardas were further charged under section 25(1b)(a), 27 of Arms Act alleging that on 23-10-1997 at 11:30 p.m. at village Sasan armed with illegal weapons they along with their associates agreed to commit dacoity and murder thereby stopped the truck and committed decoity and in committing such decoity they used fire arms and caused the death of Maheep Singh Thakur, Police Inspector and Shyamlal, Constable or in alternatively the charge is that on the same date, time and place they committed murder intentionally or (knowingly) by causing the death of Maheep Singh Thakur and Shyamlal. The appellant Sheikh Hakim and Hardas were further charged that they were found having in possession of country made katta and live cartridges without valid licence and also used the firearms in committing such offence. 6. The appellants abjured the guilt and claimed to be tried mainly contending that they have been falsely implicated. 7. The prosecution has examined as many as 22 witnesses and the defence only 5 witnesses. After considering the evidence, the trial Court acquitted Munna, Ratan, Gullu @ Guluchand and Natthu from all the charges levelled against them. The present appellants were also acquitted from the charges of 120-B and 396 of Indian Penal Code but convicted under sections 302, 302/34 of Indian Penal Code and further appellants Sheikh Hakim and Hardas were also convicted under section 25(1b)(a) and 27 of Arms Act and sentenced thereunder as stated in para No. 2 of this judgment. Being aggrieved by the judgment, finding and sentence, the appellants have preferred these appeals on the grounds mentioned therein. 8. The learned counsel of the appellants has submitted that the trial Court has not appreciated the evidence in the proper perspective. Therefore, the finding of conviction is erroneous hence requires to be set aside and the appellants be acquitted. 9. On the other hand, Shri T. K. Modh, learned Dy.A.G. appearing on behalf of the respondent/State submitted that prosecution has proved the offence against the appellants beyond reasonable doubt and hence rightly convicted and sentenced thereunder. Therefore, it does not call for any interference. 10. The main point for consideration in these appeals is that whether the trial Court has committed any illegality in convicting and sentencing the appellants. 11. We have perused the entire record and evidence recorded therein. 12. Kishori (PW-1) has deposed that he was also going on the same motorcycle with Maheep Singh Thakur and Shyamlal to Chhanbeela. But nearby to the village Sasan one truck was parked on the middle of road and as soon as they reached to that truck Natthu informed the Police Inspector that there are 5-7 miscreants who have stopped the truck. Police Inspector stepped down from motorcycle and reached in front of truck, four-five persons in number were standing there having armed with guns. Inspector exhorted and asked them to surrender but Ashok Kachera grappled with Police Inspector and Constable hit him with Danda. The appellants fired with guns. Police Inspector stepped down from motorcycle and reached in front of truck, four-five persons in number were standing there having armed with guns. Inspector exhorted and asked them to surrender but Ashok Kachera grappled with Police Inspector and Constable hit him with Danda. The appellants fired with guns. There were atleast 10 to 15 fires. Police Inspector and Shyamlal sustained the gunshot injuries and fell down. Sheikh Hakim and Jagbhan threatened that if anybody will inform he will also be killed like them. 13. He further deposed that he ran away and sat behind the huts of Adivasis. He remained there throughout night and in the dawn he saw the dead body of Maheep Singh Thakur and Shyamlal at the spot. Motorcycle and belt etc were also lying there but the revolver was not there. He went at the police station to lodge the report which is Ex.P/1. Marg intimation Ex.P/2 was also recorded. 14. He has further deposed that blood stained, controlled soil and other articles as mentioned in Ex.P/3 to Ex.P/7 were also seized from the spot. The spot maps were prepared. The panchnama of dead bodies of Maheep Singh Thakur and Shyamlal were prepared. 15. He has further stated that he knows the appellants. Bhone Raja is of village Jagara and he used to come to the market. He has seen him before one month on the field. Appellant Sheikh Hakim is also known to him for several years. 16. He has been subjected to lengthy cross examination to test his veracity regarding his presence on the spot. But he has clearly stated that his relative was ill at Chhanbeela, therefore, he was going there. Since he was waiting for vehicle and at the same time Maheep Singh Thakur, Police Inspector with his motorcycle came there and as they were knowing each other, therefore, he permitted him to sit on his motorcycle. They were going to Chhanbeela but on the way they saw a truck parked on the middle of road and as soon as the Police Inspector carried the motorcycle in front of truck, he stepped down from it and ran away seeing the gunshot fires and concealed behind the huts. He informed the police in the morning. Under these circumstances, his presence cannot be doubted. 17. On appraisal of his entire statement it reveals that his testimony has not been shattered in cross examination. He informed the police in the morning. Under these circumstances, his presence cannot be doubted. 17. On appraisal of his entire statement it reveals that his testimony has not been shattered in cross examination. Since his relative was ill therefore, he was going to Chhanbeela. The Inspector was also going towards that direction and they were knowing each other under these circumstances, his presence cannot be doubted at the spot. 18. Hari Singh (PW-2) has stated that at that time he was returning back to his house with cattle and was having a torch. He saw that the appellants there. At the same time, Maheep Singh Thakur, Police Inspector of Chhanbeela with constable came by motorcycle and went in front of the truck. At that time he heard the cry "Maro Sale Ko". He saw that the appellants were firing with the guns. He ran away to his house and on the next day he came to know that Police Inspector and Constable have been killed. 19. He has also stated that previously appellants Hakim caused marpeet with the son of this witness Kanchhedi. The report was also lodged but subsequently the matter was compromised. 20. The questions have been put in the cross-examination to this witness regarding his presence at the spot but he has clearly stated that at that time he was returning back along with cattle but he was called by Natthu, therefore, he went at his 'Dhava' then he saw the incident. 21. He has clearly stated that he saw the appellants firing with guns on Police Inspector and Constable. Under these circumstances, his presence at that the spot cannot be doubted. His testimony has also not been shattered in cross examination. 22. Babulal (PW-3) has stated that he went to Gokul for bringing Beedi from him. The appellants came there. Appellant Hakim demanded cock from Gokul but he refused hence he inflicted a danda blow to him then he brought the cock from the house of his grandfather and then they took meals at 'Dhava' of Natthu. He saw that the appellants were having the 12 bore guns and the cartridges. When they were riding on the truck, the Police Inspector along with a constable came there on motorcycle. The altercation took place and appellants fired with guns. The bullets hit Inspector and Constable, consequently they died. 23. He saw that the appellants were having the 12 bore guns and the cartridges. When they were riding on the truck, the Police Inspector along with a constable came there on motorcycle. The altercation took place and appellants fired with guns. The bullets hit Inspector and Constable, consequently they died. 23. He has also stated that at the time of firing he was standing 2 to 3' away. The truck was in the running condition and the light was on. Some contradictions have been brought from his police statement Ex.D/2 but they are not on the material point to discredit his testimony. 24. Gokul (PW-7) has also supported the fact that Babu and Natthu came to him and asked for Beedi at the same time appellant Hakim also came there and asked for cock but he refused so he inflicted the danda blow to him. Thus, the presence of Babulal (PW-3) at the spot has also been established by this witness. 25. All these witnesses have deposed that these appellants fired with the guns and killed Maheep Singh Thakur Police Inspector and Shyamlal Constable. 26. As stated earlier, the dead bodies of Maheep Singh Thakur and Shyamlal were sent for post-mortem examination and Dr. G. S. Kesharwani (PW-14) conducted the post-mortem. He has stated in his evidence that on 24-10-1996 at 3:45 p.m. he conducted the post-mortem examination of Maheep Singh Thakur and found the following injuries : (i) A gunshot wound of entry at the prominence of the right cheek 5 x 3cms x bone deep margins inverted, irregular, blackened and charred. Tattooing around the wound present in an area of 7 x 7 cms in diameter. Coagulated blood on and around the wound present. (ii) A post-mortem gunshot wound found involving middle conthus of the right eye and right eye orbit exposed. Wound is dry and subcutaneous tissues are completely pale. (iii) A gunshot wound found on the right side of the upper lip 5 x 3 x 2 cms in size. (iv) A gunshot wound of entry on the right side of the chest involving right nipple 4 x 3cms x cavity deep. Margins inverted, irregular, blackened and charred. Tattooing around the wound present. Coagulated blood on and around the wound present. (iv) A gunshot wound of entry on the right side of the chest involving right nipple 4 x 3cms x cavity deep. Margins inverted, irregular, blackened and charred. Tattooing around the wound present. Coagulated blood on and around the wound present. (vi) A gunshot wound of entry on the posterior part of the upper part of the right upper arm oval in shape 2.5 x 2cms x bone deep on exploration muscles are lacerated and a big haematoma found over the corresponding muscles along with compound ??of the upper part of the shaft of the right humerus. (vii) A gunshot wound of entry found at the right supraclavicular fossa in the midclavicular line 4 x 3cms x muscle deep. (viii) A gunshot wound of entry at the mid axillary line at the midthoracic region left side 2.5 x 1.5cms x cavity deep. (ix) A wound of exit at the anterior axillary line on the right lower thoracic region 4 x 4 cms x cavity deep. Margins everted and lacerated blood clots found on and around the wound. (x) A wound of exit at the right mid axillary line at the right subcondriac region 4 x 4cms x cavity deep. Margins everted and lacerated blood clots found on and around the wound. (xi) A wound of exit at the right axillary region 2 x 2cms x cavity deep. (xii) Lacerated wound on the anterior aspect of the upper part of the left forearm 3 x 1 x 1cms in size. 27. According to his opinion the death was due to excessive haemorrhage, shock and coma resulting from gunshot injuries caused within 24 hours of examination. He has deposed that all the injuries were sufficient in the ordinary course of nature to cause death. The post-mortem report is Ex.P/24 which contains his signature. 28. He handed over the packets containing six pieces of articles recovered from the body of deceased such as four pieces of caps of plastic made, one rounded lead bullet, one torned off bullet, a white buniyan matted with blood with multiple tear holes and one underwear pale yellow in colour with blood stains. 29. 28. He handed over the packets containing six pieces of articles recovered from the body of deceased such as four pieces of caps of plastic made, one rounded lead bullet, one torned off bullet, a white buniyan matted with blood with multiple tear holes and one underwear pale yellow in colour with blood stains. 29. He has further deposed that on the same date at 2:45 p.m. he also conducted the post-mortem examination of Shyamlal and found the following injuries : (i) Gunshot wounds of entry three in numbers found on the lateral aspect of the upper part of the left thigh. Wounds are in a triangle form :. Two on the anterior side and one on the posterior side in an area 4 x 3cms in size. 2cms apart to each other. Wounds are rounded in shape. Each is 1.5cms x 1.5cms x muscle deep in size. Margins are inverted, irregular, blackened and charred. Coagulated blood present on and around these wounds. These wounds are surrounded by multiple punctured wounds 35 in numbers. Each is 1/5 x 1/5 x 1/5cms in size scattered in an area of 8 x 8cms in diameter. On exploration subcutaneous tissues and muscles are badly lacerated and a big haematoma found over the corresponding muscles. A small pallet size of lentil found inside. (ii) Gunshot wound of entry found on the right temporal region of the skull 2cms lateral to the lateral conthus of the right eye 2 x 2 cms x bone deep in size. Severe bleeding from the wound present. Margins inverted, irregular and blackened. Tattooing around the wound present on exploration subcutaneous tissues and muscles are badly lacerated and a big haematoma found over the corresponding muscles. (iii) Wound of exit found on the left thoracic region of the chest to the mid-axillary line just above the left sub costal margin 3 x 2 cms in size. Margins everted and piece of omentum protruding out from the wound. On opening the wound huge clot of blood along with food matter from the ruptured stomach coming out. 10th and 11th ribs showing multiple compound comminuted fractures corresponding to the site of wound. (iv) A lacerated wound found on the left temporal region of the skull 3cms lateral to the lateral conthus of the left eye 1 x "½ x 1/5 cms in size. Coagulated blood on and around the wound present. 10th and 11th ribs showing multiple compound comminuted fractures corresponding to the site of wound. (iv) A lacerated wound found on the left temporal region of the skull 3cms lateral to the lateral conthus of the left eye 1 x "½ x 1/5 cms in size. Coagulated blood on and around the wound present. (v) A compressed lacerated wound found on the right pectoral region of the chest "½ x "½ x 1/5 cms in size. Bluish discoloration present around the wound in an area of 5 x 5 cms in size. Coagulated blood on and around the wound present on exploration underlying soft tissues and muscles are found to be ecchymosed and lacerated. 30. According to his opinion the death was due to excessive haemorrhage, shock and coma resulting from gunshot injuries caused within 24 hours of examination. He has deposed that all the injuries were sufficient in the ordinary course of nature to cause his death. The post-mortem report is Ex.P/25 which contains his signature. 31. He handed over the packets containing one underwear pale yellow in colour with multiple tear holes corresponding to the wounds of left thigh blood stained, one white buniyan with multiple tear holes corresponding to the wound of exit on the left side of the chest blood stained. 32. Thus, from the medical evidence, it is corroborated that the death of Maheep Singh Thakur and Shyamlal were caused due to gunshot injuries. 33. Vishnu Kumar (PW-16) has seized the blood stained and controlled soil, empty lead bullets and cartridges of 12 bore guns, their caps, motorcycle, name plate and buttons vide seizure memo Ex.P/3. Likewise, he also seized blood stained and controlled soil and the caps of cartridges of 12 bore and a danda vide seizure memo Ex.P/4. He also seized the empty cartridges of 38 bore vide Ex.P/5. These memos were prepared by him before Kishori (PW-1) and Bhagwatsharan. Kishori (PW-1) has also supported the fact. 34. He has further deposed that he seized shirt and pant of uniform of Maheep Singh Thakur and also his shoes vide Ex.P/14. Likewise he also seized the shirt and full pant of uniform and blue cap of Shyamlal vide seizure memo Ex.P/15. He also seized the clothes of the deceased persons vide Ex.P/20. He also arrested accused Hardas on 15-12-1996 vide Ex.P/33. 35. Likewise he also seized the shirt and full pant of uniform and blue cap of Shyamlal vide seizure memo Ex.P/15. He also seized the clothes of the deceased persons vide Ex.P/20. He also arrested accused Hardas on 15-12-1996 vide Ex.P/33. 35. G. R. Kasera (PW-13) seized one gun, empty cartridges and live cartridges vide seizure memo Ex.P/21. 36. On 22-3-1997 Vishnu Kumar (PW-16) arrested Sheikh Hakim vide arrest memo Ex.P/37. He recorded his memorandum Ex.P/38 and in consequence thereof he recovered belt, holster and one live cartridge and 9 empty cartridges vide seizure memo Ex.P/39. The details description of these articles has been given in the seizure memo. 37. On 28-3-1997 he further recorded the memo Ex.P/14 of appellant Sheikh Hakim and in pursuance thereof he recovered silver ring kept in Zarkin vide seizure memo Ex.P/41. 38. He has further deposed that he seized one 12 bore gun with other articles. The original seizure memo is enclosed in the Crime No. 26/97 of Police Station Shahgarh. 39. Shankar (PW-9) has deposed that one revolver, four cartridges and blankets were seized vide seizure memo Ex.P/19. The original seizure memo is filed in the S.T.No. 183/97. 40. K. K. Pandey (PW-15) had deposed that District Magistrate Sagar granted permission for prosecution against Hardas and Sheikh Hakim for having one country-made 12 bore gun with two cartridges and katta of 12 bore with one live cartridge vide Ex.P/26. 41. The seized articles silver ring, belt, holster etc. were put to identification parade which were identified by witness Rajesh Kumar (PW-17) and Jagdish Prasad (PW-18) respectively. 42. Ramsharan (PW-12) has deposed that the revolver along with five live cartridges in working condition were issued to Maheep Singh Thakur on 23-10-1996. The entries thereof has been made in the Rojnamacha Sanha Ex.P/22-C. This revolver has been robbed and its entry has been made in stock register Ex.P/23. The service revolver and the live cartridges article-I and article-H. Empty cartridges article J, K are the same which were issued to Maheep Singh Thakur. 43. Umesh Tiwari (PW-22) has also deposed that the entry is made in the stock register Ex.P/43 regarding robbing of the revolver. 44. Thus, from the evidence of these witnesses, it is established that the revolver, holster, cartridges were issued to Maheep Singh Thakur on 23-10-1996 and who went on road patrolling. He was killed and his service revolver was looted. 45. 44. Thus, from the evidence of these witnesses, it is established that the revolver, holster, cartridges were issued to Maheep Singh Thakur on 23-10-1996 and who went on road patrolling. He was killed and his service revolver was looted. 45. The seized articles were sent for chemical examination vide Ex.P/34 and the reports Ex.P/35 and P/36 have been received therefrom. The detailed reports regarding the seized articles is contained therein. 46. The prosecution has adduced direct and circumstantial evidence against the appellants. Kishori (PW-1), Hari Singh (PW-2) and Babulal (PW-3) have stated that they have seen the appellants firing with the guns. The appellants have also been connected with the circumstantial evidence. There is overwhelming evidence against them. The prosecution has fully established the guilt against the appellants. There is no reason to falsely implicate them. No infirmity is found in the judgment of the trial Court hence it does not call for any interference. We affirm the conviction and sentence as recorded by the trial Court. There is no any merit in these appeals hence deserve to be dismissed. 47. Consequently, these appeals fail and are hereby dismissed accordingly. 48. The order regarding the disposal of criminal properties passed by the trial Court is hereby affirmed.