- (1.) The only question involved in this appeal relates to identification of the appellants. THE FACTS
(2.) An attempt to commit dacoity was made in the night intervening 2/3rd December, 1981 at 1:30am at the residence of Ramji Lal (the Informant). In this incident one Phool Singh (the Deceased) was killed. The Informant lodged the FIR (Case Crime No. 224 of 1981, PS-Chatari, district Bulandshar) at 6:30am on 3.12.1981.
(3.) The allegations in the FIR are as follows: "The Informant and his brother were sleeping inside the house. At about 1.30 am in the night, the dacoits started pushing the door of house and hit it with an axe. They were armed with guns, fire arms, lathi, Ballam and Axe; There was noise and they got up. The Informant and his brother raised voice due to which, the Deceased, Sri Ram, Makkhan Singh, Rajpal Singh, Ramesh Chandra also came shouting from southern side of the village; There were exchanges of fire shots from both the sides. The fire shot of the dacoits hit the Deceased and he was injured; The Deceased was being taken to the police station on a cot, but he died infront of the temple and is lying there; There were about 10-12 dacoits, who were recognised in the torch light.";