JUDGMENT : Mr. Vinit Kumar Mathur, J. 1. The present two D.B. Criminal Appeal No. 221/2015 instituted by Sh. Bhagwan & D.B. Criminal Appeal No.392/2015 by Ramveer and Ram Lakhan @ Lakhan are being decided by this common judgment as they arise out of impugned judgment dated 25.02.2015, passed by the Additional Sessions Judge, Badi. The appellants have been convicted and sentenced as under:- Conviction U/sec Sentence Fine Sentence In Default Of Non-Payment Of Fine 148 Ipc Two Years Rigorious Imprisonment Rs. 2,000/- One Month Imprisonment 302/149 Ipc Life Imprisonment Rs.-5,000/- Two Months Imprisonment. 307/149 Ipc Seven Years Rigorious Imprisonment Rs.- 3,000/- One Month Imprisonment 333/149 Ipc Three Years Rigorious Imprisonment Rs.- 1,000/- One Month Imprisonment 3/25 Arms Act One Year Imprisonment Rs.-500/- Fifteen Days Imprisonment All the sentences were ordered to run concurrently by the trial Court. 2. The facts arising in the present appeal are that a written report Ex.P-17 was submitted to S.H.O Police Station, Sarmathura Camp Hospital, Badi by Dinesh Vashistha (PW-6) S.H.O., Badi. It was stated in the written report that today on 06.05.2008, Dinesh Vashistha S.H.O Police Station, Badi received an information through an informant at 1:00 PM that Gyani decoit along with his Gang and arms will go towards Vidharpur. This information was submitted to Superintendent of Police, Dholpur on telephone. In pursuance of which Anti-Decoits-Force Team from Dholpur comprising of Vimal Kumar A.S.I, Mahaveer Singh, Balvinder Singh, Lakhan Singh, Rohitash and Sonveer Singh, Laxman Singh and Driver Dharmendra reached Police Station at around 3:00 PM along with their weapons. At 04:30 PM, the S.H.O., Badi along with A.D.F. Team and Police Constables, Ajay Singh, Jai Dev Singh, Than Singh, Rajesh, Suresh Kumar, Krishan Murari and Driver Ramnath along with their weapons started in the Government Jeep and Gypsy towards Vidharpur. Near Vidharpur, the informant informed that Gyani decoit along with his gang is traveling towards Vidharpur by the metal road, he can also fire. On this information, the main road near Devata Kathan near Vidharpur was blocked by putting stones and the Police Party divided themselves into two groups in which one party was led by Vimal Kumar, A.S.I along with some Constables and the other party was led by the S.H.O himself along with some Constables. The Government Vehicles were parked at some distance in hiding and both the Police Parties took positions behind some stone structures present near the road. The Government Vehicles were parked at some distance in hiding and both the Police Parties took positions behind some stone structures present near the road. The distance between the two Police Parties was about 10 meters. While they were waiting for the accused persons to come at around 05:30 PM, they saw a Jeep coming from the Vidharpur and approaching towards Dompura. On this all the members of the Police Party were informed and put on alert. 3. As soon as the Jeep stopped at the place where the stones were lying on the road, the armed persons got out of the Jeep and tried to remove the stones. Out of those accused persons the S.H.O (PW-6) recognised Gyani @ Lara son of Babu Lal Meena resident of Sunipur, Badi who was having 306 Bore Rifle and a Belt of Cartridges around his neck. Four more armed persons were there to whom the S.H.O cautioned and warned that they have been encircled by police, therefore, they should surrender. On this, the accused persons found themselves trapped by the Police Party started indiscriminate firing on them with the intention to kill. The Police Party also in their self-defence intermittently gave return fires and constantly were warning the accused persons to surrender. Vimal Kumar, A.S.I while chasing one of the accused was fired by Gyani @ Lara and sustained the grievous injuries on his back. While the accused persons fired, Constables Suresh, Krishan Murari and Jaidev got injured. Thereafter with the help of the other Members of the Police Party all the accused persons were nabbed on the spot who disclosed themselves as Gyani @ Lara, Shri Bhagwan, Mahesh, Ram Lakhan and Ramveer. All these 5 accused persons were holding weapons/fire arms along with cartridges. It was also mentioned in the report that certain fires were also made by the Police Party. 4. In this incident Vimal Kumar, A.S.I., Constables Suresh Chand, Krishan Murari and Jaidev sustained injuries. In the incident Ram Lakhan, Ramveer and Mahesh also sustained injuries. These injured Members of the Police Party as well as accused persons were required to be taken to the hospital and therefore, the information of this incident was transmitted to S.H.O Police Station, Sarmathura by wireless. In the incident Ram Lakhan, Ramveer and Mahesh also sustained injuries. These injured Members of the Police Party as well as accused persons were required to be taken to the hospital and therefore, the information of this incident was transmitted to S.H.O Police Station, Sarmathura by wireless. PW-6 Dinesh Vashistha started from the spot after collecting the accused persons as well as injured members of the Police Party along with the weapons and the Jeep No. UP 80-U1795. The Butt of S.L.R held by Constable Rohitash Kumar was broken due to the bullet fired by the accused persons. Police Party reached Badi Hospital where S.H.O., Sarmathura was present and a report along with the weapons/ammunition and Jeep was submitted for further action. 5. Above report was thereafter sent to Police Station Sarmathura and an F.I.R. was registered at 08:30 PM thereafter the matter was investigated by the police and challan was filed against the present appellants Shri Bhagwan, Ram Lakhan and Ramveer, whereas, the challan was filed against Gyani @ Lara and Mahesh before the Juvenile Justice Board as they were declared delinquent juvenile in conflict with law. 6. The charges were framed against the present appellants under Sections 148, 302/149, 307 in alternate 307/449, 333 in alternate 333/149 IPC and 3/25 under the Arms Act. The offence under Section 11 of the R.D.A. Act was dropped. The appellants denied charges and prayed for trial. 7. The trial Court examined 24 witnesses from the prosecution side and Exhibited 53 exhibits during the course of trial. Besides two defence witnesses were also produced and defence Exhibited 11 exhibits. The statements under Section 313 of the accused were recorded and thereafter the trial Court after holding the trial convicted the appellants vide impugned judgment dated 25.02.2015. 8. Now we shall deal with the witnesses who were examined during trial. 9. Balvinder Singh (PW-1) in his statement submitted before the Court that while he was working as Head Constable and a Member of the A.D.F Team reached Police Station, Badi along with other Members of the Police Party including Vimal Kumar A.S.I. On reaching Police Station, Badi they met other members of the Police Party and were informed that Dinesh Vashistha (PW- 6) S.H.O has received an information that the accused persons will come towards Vidharpur and therefore, on this information at 04:30 PM they started towards Vidharpur. On reaching the place of occurrence i.e. Babu Ka Than near Vidharpur, they kept stones on the road and divided themselves in two parties. He further stated that he was with the party led by Vimal Kumar, A.S.I along with other Constables and the second party was led by Dinesh Vashistha and other Constables. The position of the parties was at a distance of 10 meters from each other. At around 05:30 PM, they saw a Jeep coming from the side of Vidharpur and stopped near the stones kept by the Police Party on road. Five armed accused persons tried to remove the stones, S.H.O Dinesh Vashitha (PW-6) warned them that they have been encircled by the police and therefore they should surrender. When one of the accused tried to run towards the Jungle then Vimal Kumar A.S.I. tried to catch him ran towards him, he was fired by Gyani @ Lara by a fire arm due to which he sustained a bullet injury on his back and fell down. In the meantime, Ram Nath caught the Barrel of the Gun of Gyani @ Lara and Krishna Murari caught Lara from the back then Shri. Bhagwan fired on them by which Ram Nath, Krishan Murari and Jaidev sustained pallet injuries. Another accused Mahesh also fired which hit the hand of Suresh. During the firing the Police Party sustained injuries thereafter with the help of other members of the police party, all the 5 accused persons were nabbed and the fire arms as well as cartridges were seized/recovered from them. 10. Dr. B.N. Tomar (PW-3) has stated in his statement that on 06.05.2008, he was posted at General Hospital, Dholpur as a Medical Jurist and conducted the autopsy of deceased Vimal Kumar, A.S.I. at 10:30 PM along with other members of the Board. He further submitted and described the injuries on the body of deceased Vimal Kumar, A.S.I. 11. Dr. B.N.Tomar (PW-3) further submits that he has examined Constables Suresh Chand, Jaidev Singh and Krishan Murari and submitted in detail the injuries sustained by them. As per the postmortem report, the injuries which has been sustained by “Vimal Kumar, A.S.I.” are as under :- (1) Gun shot wound ? x ? cm over the ® LS area L-5 level directing posterior & upward towards ® hypochondrial region, wound at entry. As per the postmortem report, the injuries which has been sustained by “Vimal Kumar, A.S.I.” are as under :- (1) Gun shot wound ? x ? cm over the ® LS area L-5 level directing posterior & upward towards ® hypochondrial region, wound at entry. (2) Gun shot wound at exit, 2½ x 2 cm over the ® Hypochondrial Region lateral to ® mid clavicular lines with blood oozing out (3) Gun shot wound 7 x 3 cm over the ® wrist & hand. Antero medial. (4) All the wounds above has charring at margin (5) Wound No. one has inversion while wound No. two has eversion of margins. As per injury reports : the injuries sustained by “Suresh Chand” are as under :- (1) Gun shot injury, wound at entry 3 x 1 cm over the right forearm with charring at margins, post medial. (2) Incised wound, surgical, over the right forearm, (3) Wound ? x ? cm over the hypochondrial Ant. The injuries sustained by “Jaidev” are as under:- (1) Gun shot injury, ¼ x ¼ cm one in number, with charring of margins, over the left thigh, post. The injuries sustained by “Krishan Murari” are as under:- “(1) Swelling 7 x 5 cm, over the right hand, anterior. (2) Lacerated wound, gun shot, ? x ? cm, over the left thigh, ant. and at mid ?rd “ 12. The other prosecution witnesses i.e. Rajesh Gurjar (PW-4) has also deposed on the same lines as has been submitted by Baljinder Singh (PW-1). Rakesh Chand Shrivastava (PW-5) proved the order of prosecution sanction Ex.P-16. Dinesh Vashistha (PW-6) has submitted in his statement in detail about the incident almost on the same lines which has been submitted by him in his written complaint Ex.P-17, therefore, the same is not being repeated by us. Jaidev Singh (PW-7) who was also a member of the Police Party has narrated the same version which has been divulged by the other prosecution witnesses. He also sustained injuries in the occurrence as mentioned in the preceding para. Goverdhan Singh Yadav (PW-8) who was an armorer has proved the Ex.P-17 an inspection report of the weapons, prepared by him. Lakhan Singh (PW-9) attested the site plan (Ex.P-18) soil memo (Ex.P-20) whereas blood stained soil was taken into possession along with recovery memo (Ex.P-21) of the cartridges. Goverdhan Singh Yadav (PW-8) who was an armorer has proved the Ex.P-17 an inspection report of the weapons, prepared by him. Lakhan Singh (PW-9) attested the site plan (Ex.P-18) soil memo (Ex.P-20) whereas blood stained soil was taken into possession along with recovery memo (Ex.P-21) of the cartridges. Girdhar Singh (PW-10) has attested the Panchayatnama Ex.P-23 and Ex.P-24, Ex.P-25 and Ex.P-26 which are the fard memos of deceased Vimal Kumar. Sonveer Singh (PW-12) and Lakhan Singh (PW-13) Members of the Police Party have submitted and narrated the incident on the same lines as submitted by PW-1. Abhishek Parashar (PW-14) who is the son of Vimal Kumar, A.S.I. submits that when he reached hospital, he found his father dead and dead body was handed over to him next morning. Rishived (PW-15) is attesting witness of the Ex.P-28 seizure of Jeep No.UP-80U-1795, he also proved other exhibits prepared after the incident. Ajay Singh (PW-16) also testified to the effect that he was a Member of the Raiding Party and retrieved the same version as deposed by other Members of the Police Party. Suresh Chand (PW-17) is also an injured eye witness, he being the member of Police Party deposed in his statement on the same lines as submitted by PW-1. We are not repeating the statements of prosecution witnesses who were the Members of the Raiding Party in order to avoid repetition of the facts in the matter. Manoj Kumar (PW-18) attested the receipt of the articles sent to Forensic Science Laboratory Ex.P-41 and Ex.P-42. Vijay Singh (PW-19) in his statement submitted that while he was working as C.I.S.H.O., Sarmathura on reaching C.H.C., Badi, received a written report Ex.P-17 from S.H.O., Badi Dinesh Vashistha and after attesting the same was given to Sumer Singh Constable for taking it to Police Station Sarmathura for registration. On this report F.I.R. No. 124/2008 was registered and investigation was conducted. He also attested the exhibits during the course of investigation. Krishan Murari (PW-20) is also injured witness and has deposed on the same lines as has been submitted by the other Members of the Police Party but in his statement he submits that while Gyani @ Lara was running towards Dompura, he was chased by A.S.I., Vimal Kumar and therefore, Gyani @ Lara fired at him due to which he sustained injury. He further submits that he was also taken to the Badi Hospital with other injured persons. Mahendra Singh (PW-21 ) was working on the post of Sub-Inspector has received a report Ex.P-17 and attested the same and registered the F.I.R. Ex.P-49 under his signatures. 13. During trial the defence witnesses in the name of DW-1 Dr. B.S. Tomar was examined. DW-2 Girdhari Lal was also examined who submitted that on 05.05.2008 a day prior to the incident, an application was submitted to Gaurav Shrivastav, I.P.S., Superintendent of Police, Dholpur. On 05.05.2008, DW-2 was called by Havaldar Major, Mohan Singh for the A.D.F duty along with Mahaveer, A.S.I, and Vimal Kumar, A.S.I. He further submiited that on asking for order from higher Authorities, the Havaldar Major threatened me that they will eliminate his witness Rajendra Singh, Nirmal Singh and Vimal Kumar, A.S.I. On this, DW-2 submitted an application with eight enclosures. Thereafter, he did not go for A.D.F. duty but Mahaveer and Vimal Kumar, A.S.I. were sent for A.D.F. duty. 14. Thereafter, the appellants were examined under section 313 to which they denied the whole incident. 15. Heard learned counsel for the parties. 16. The learned counsel for the appellant, Shri Suresh Sahni has submitted: (1) That there are material contradiction in the ocular version submitted by the prosecution side and the medical evidence on record. The statement of B.N. Tomar (PW-3) is not fully corroborating the postmortem report (2) Krishan Murari (PW-23) contradicts the other evidence (prosecution witness) on the point that when Gyani @ Lara was being chased by Vimal Kumar A.S.I. he was fired by Gyani @ Lara. Krishan Murari is also an injured eye witness. (3) The place of incident was within the jurisdiction of Police Station Sarmathura and S.H.O. Police Station, Badi had no jurisdiction to undertake the entire exercise within the area falling within jurisdiction of Police Station, Sarmathura. (4) The graphic description which has been given in the F.I.R. is humanly not possible. (5) Mahaveer Singh (PW-21) has categorically submitted that in Ex.P-17 whitener has been used at two places. (6) A daily report (Rojnamcha No.318) at 6:15 PM was written stating therein that by telephone S.H.O. has informed that near Vidharpur they had encounter with Gyani @ Lara decoit in which accused has been injured and he shall be reaching Badi Hospital along with them. (6) A daily report (Rojnamcha No.318) at 6:15 PM was written stating therein that by telephone S.H.O. has informed that near Vidharpur they had encounter with Gyani @ Lara decoit in which accused has been injured and he shall be reaching Badi Hospital along with them. He submits that this rojnamcha was exhibited and has also been mentioned in the cross-examination of PW-6. He further submits that this rojnamcha report does not speak about the injuries sustained by the persons of Police Party. (7) All the accused persons were nabbed on the spot but in the arrest memo they have been shown arrested on 09.05.2008. (8) Abhishek Parashar (PW-14) has submitted that his father has been killed by the Police Party. (9) It has been mentioned in the report submitted that ‘accused may fire’ but the same has not been written in the F.I.R. (10) Driver Ramnath who brought the deceased has not been examined. The other Members of the Police Party were not recognising or knowing Gyani @ Lara except Dinesh Vashishth (PW-6). (11) Although, it has been submitted that the Superintendent of Police was informed and due permission was sought by Dinesh Vashistha (PW-6). The Superintendent of Police has not been produced from the prosecution side as witness. (12) No record has been produced with respect to the arms ammunition issued to the Police Party which has participated in the incident. (13) The log book of the Govt. vehicles i.e. Jeep used in the present incident has not been tendered in the evidence. (14) There is no trace of fire which has been found by the Police as stated in the statement of PW-17 Suresh Chand. (15) No dying declaration of deceased Vimal Kumar, A.S.I. was recorded. (16) Vijay Singh (PW-19) who is the S.H.O. of Sarmathura admits that he went to the hospital at Badi and although the doctors have given the life saving drugs to the injured Vimal Kumar, A.S.I. but no doctor has been examined. (17) The ocular evidence only shows one injury then how more than one injury is found on the body of Vimal Kumar A.S.I. (18) Shri Bhagwan has not been named in F.I.R. and lastly Medico Legal Report of the accused had not been tendered in evidence. 17. (17) The ocular evidence only shows one injury then how more than one injury is found on the body of Vimal Kumar A.S.I. (18) Shri Bhagwan has not been named in F.I.R. and lastly Medico Legal Report of the accused had not been tendered in evidence. 17. Shri Sahni further submits that defence witness DW-2 Girdhari Lal in his statement very categorically submitted that because of the enmity he had an apprehension that he and Vimal Kumar, A.S.I. may be eliminated. He also submitted a letter to the Superintendent of Police a day earlier to the incident. In these circumstances, he vehemently argued that entire incident is a fake and fabricated story woven by the prosecution, implicating the appellants in this case. The entire evidence which has been produced is fabricated by the prosecution and the Police Officials who are responsible for this fabrication should be prosecuted under Section 194 of the I.P.C. 18. Shri Sahni also relies upon a case reported in W.L.C. 2016 (3) Raj. 401 “Mangatu Ram and another v. State of Rajasthan”, where in the Division Bench of this Hon’ble Court has held that where the Investigating Officials are careless and have not investigated the matter in its correct perspective then stern action should be taken against the erring Officials. 19. We find that this judgment is inapplicable in the present facts as there is sufficient evidence to corroborate the prosecution story beyond doubt. Thus, this judgment (supra) is not applicable in the present case. 20. Shri Sahni has further submitted that it has been held by the Hon’ble Supreme Court in the case of “Sadhu Saran Singh v. UP and Ors.” reported in 2016 (4) SCC 357 that when there is inconsistency between medical evidence and ocular evidence, primacy has to be given to ocular evidence particularly in case of minor discrepancy. 21. As we have noted in the paragraphs stated above the evidence which have come on record is consistent and tallies absolutely with medical evidence. There is no reason for us to disbelieve the testimony of the prosecution witnesses more particularly PW-7, PW-17 and PW-20 who are injured eye witnesses of the incident. Further, we find that the accused persons have been arrested from the site of incident and from them huge recoveries of fire arms and cartridges were effected at the spot. There is no reason for us to disbelieve the testimony of the prosecution witnesses more particularly PW-7, PW-17 and PW-20 who are injured eye witnesses of the incident. Further, we find that the accused persons have been arrested from the site of incident and from them huge recoveries of fire arms and cartridges were effected at the spot. The Jeep which was being used by the accused persons has also been seized from the spot. 22. We also find that Police Party as well as accused Ramveer and Ram Lakhan have also sustained injuries in the incident and were treated for the same. 23. Shri Anurag Sharma learned Additional Advocate General has supported the prosecution case and has submitted that the order passed by the learned trial Court convicting the appellants vide order dated 25.02.2015 is based on the proper appreciation of evidence and does not call for any interference by this court. He further submits that all the prosecution witnesses have deposed on the same lines and the same is corroborated by the medical evidence and thus there is no reason to disbelieve the versions submitted by the eye witnesses who were present as well as injured on the site on the date of incident. Hence, he has supported the prosecution case in totality. 24. As far as the medical evidence in consonance with the ocular version of the witnesses is concerned. We find that the same corroborates the ocular version as the injuries caused by fire arms have caused death of the deceased. In the diagram which is part of the postmortem report and site of the injuries tally with the deposition of Dr. B.N. Tomar (PW-3) therefore, there is no contradiction. 25. The injuries sustained by Krishan Murari, Jay dev, Suresh Chand are concerned there also corroborate the statements given by the prosecution witnesses. 26. The statements of Krishan Murari (PW-20) attributing gun shot injury to Gyani @ Lara while chased by Vimal Kumar, A.S.I. is to be appreciated when there is a cross firing taking place and the accused persons are being encircled by the Police Party then to give a very precise description of one person running behind an accused and fired at by whom is difficult. We consider it no deviation and no contradiction to the whole incident. 27. We consider it no deviation and no contradiction to the whole incident. 27. Although in the present case all other witnesses have very categorically mentioned that while Vimal Kumar was chasing one of the accused persons the fire was made by Gyani @ Lara due to which he sustained a fire injury in the back. Thus in our opinion there is no material contradiction in the statements & thus cannot give any benefit to accused. All the other evidences are consistent on the point that while Vimal Kumar A.S.I. was chasing one of the accused persons, he was given fire injury by Gyani and sustained the fatal injury. 28. The question of jurisdiction is concerned it has very categorically come on record that PW-6 had received an information which was communicated to the superintendent of Police in whose jurisdiction both the Police Stations fall and after taking due consent from the Superintendent of Police PW-6 S.H.O., Badi went to the place of incident. We find there is no infirmity and illegality in the same as Section 36 of the Cr.P.C. also empowers the Superior Officers of the Police to exercise the same powers throughout the local area to which they are appointed, in the present case both the Police Stations were falling within the jurisdiction of Superintendent of Police and when he gave the consent to S.H.O., Badi to go ahead then we do not find illegality in the same. 29. As far as graphic description in the F.I.R. is concerned the same is very clear and categorical and there is no infirmity in the same. 30. In the daily report Rojnamcha No. 318, it has been argued by the learned counsel that only accused persons have shown to be injured who have been brought by the S.H.O and it has not been mentioned that the police personal has also sustained injury. It has been corrected by Shri Anurag Sharma, that the word used is “Mulajim” not “Muljim” which includes all the persons. Therefore, this fact also cannot shake the credibility of the evidence on record. 31. It has been corrected by Shri Anurag Sharma, that the word used is “Mulajim” not “Muljim” which includes all the persons. Therefore, this fact also cannot shake the credibility of the evidence on record. 31. We further find that after the incidence all the five accused persons were nabbed by the Raiding Party on the spot, out of which the two injured appellants namely Ramveer and Ram Lakhan were also treated at the Badi Hospital, this fact alone conclusively stamp the presence of the present accused persons at the spot, however, only formal arrest was effected on 09.05.2008 as shown in the memo of arrest. 32. The statement of Abhishek Parasar son of deceased is concerned he has only submitted that some of the police personnel standing in the hospital told him that his father has been killed by the Police Party. He is not worth relying as it is merely a statement made by some of the police personnel standing there who have not been named and has not been corroborated by any other evidence. 33. The other minor infractions which have been submitted by the learned counsel for the appellant that “accused may fire” has not been shown in the F.I.R and the driver who brought the deceased Ram Nath has not been examined cannot be taken to be such deviation which may question or doubt the veracity of incident. The statements of prosecution witnesses corroborate the medical evidence and recoveries made are therefore sufficient to convict the appellants in the present case. 34. It has further been argued that Members of Police Party were not knowing Gyani @ Lara will be having no material bearing in the matter as the information of the Gyani @ Lara will travel on that particular road was informed to PW-6 by an informant and the information has fructified in the arrest of the five accused shows that information was correct and this information was shared by the PW-6 with the Superintendent of Police further strengthens the prosecution case that relevant instructions were obtained from the higher Officials and therefore the present operation was completed with the arrest of the five accused persons. 35. 35. So far as the non-production of the record of the arms issued to the Police Party and the non tendering of the log book of the Jeep is concerned they are not very material in the present facts and circumstances of the case as all the witnesses have submitted that they traveled in the Official Vehicle of the Government with the arms issued by the Government Authorities. 36. The argument with respect to the dying declaration of Vimal Kumar, A.S.I is concerned, it has been submitted that during the operation, he fell down and was grievously injured and while he was in the hospital he was unconscious. Therefore, this argument is also of no help to the appellants. 37. There is no reason for us to disbelieve the statements of Dr. B.N. Tomar (PW-3) who has treated the injured persons and merely not examining the doctors at Badi will not shake the credibility of the prosecution witnesses. 38. The ocular evidence is fully in conformity with the injuries sustained by the deceased as well as other Members of the Police Party and therefore, it needs no further corroboration. 39. In totality if we consider the entire operation it can be very well presumed that on an information being given to a Police Official with respect to a person like Gyani @ Lara who is a known criminal and decoit of the area and Police Party after reaching the spot encircled the accused persons and a scene of cross firing emerged, than minor infractions here and there will not nullify the entire prosecution story. In the operation, we can imagine a person who is firing on the accused is also at the same time saving himself from the cross fire of the accused persons and while doing so in heat of moment minor deviations if made in the statements of some of the prosecution witness will not shake the credibility of injured witnesses and the other witnesses corroborated by medical evidence which has been brought on record by the prosecution and therefore we are of the firm view that there is enough evidence in the present case on the basis of which the conviction of the appellants can be upheld and therefore the Additional Sessions Judge, Badi was right in passing the order dated 25.02.2015 convicting the appellants. The present appeals, therefore, fails and are hereby dismissed.