On the other hand, learned A.G.A. has supported the judgment of conviction passed by the trial Court and submitted that at the time of occurrence the appellants were apprehended at the spot by the police party, who had no axe o to grind against them and therefore, the conviction is unassailable and has to be affirmed. He further submitted that all the accused persons belong to a gang of dacoits and they have assembled at the spot with the intention to commit dacoity and it is a case of preparation to commit dacoity and therefore, no clemency should be shown to the appellants and the conviction and sentence ought to be confirmed.Having heard learned counsel for the parties and after going through evidence available on the record, we would first like to mention that it is trite law for the prosecution to establish its case beyond all shadows of reasonable doubts. On the other hand, it is also settled legal proposition that only on the basis of the prosecution witnesses being a police personnel can not constitute a reason to discard or discredit their testimonies. In the light of this cardinal principle, we find that PW-1, PW-2 and PW-3 are all police witnesses of the prosecution whereas the trial court was informed all above referred glaring illegalities and inconsistencies. The legal propositions required that it should have been examined with utmost care and cautious rather than accepting pedantic ignoring the criticism without any valid reasons. Submit