According to story, appellants were signalled to stop when they were noticed while coming from the side of Pakistan Border. Instead of stopping, they started firing at the police party. Appellants were armed with sophisticated weapons. Six empty cartridges were recovered from Gurcharan Singh and three empty cartridges from Gursewak Singh. If intention of the appellants was not to eliminate the police party, then there was no idea to fire. Appellants could easily surrender by raising their hands. In case, no one had injured in the occurrence, then nothing to presume that appellants had no intention to eliminate the police officials. 16/17 empty cartridges were also recovered from the spot showing this fact that police officials had also fired in self defence. Along with weapons, 125 gold biscuits, each weighing 10 tolas, along with Pakistani currency notes of Rs.85/-, were recovered from Gurcharan Singh and 120 gold biscuits, each weighing 10 tolas, along with Indian currency notes of Rs.105/-, were recovered from Gursewak Singh. When there was a cross firing and number of shots were fired by the appellants, then I am of the opinion that
