Judgment

M.K. Mukherjee, J.-Mukund @ Kundu Mishra and Deva @ Dev Kumar, the appellants before us, were put up for trial before the IIIrd Additional Sessions Judge, Bilaspur, to answer charges under Sections 449, 394/397 and 302/34 IPC. The charges were based on the allegations that in the night intervening January 17 and 18, 1994 they trespassed into the residential house of Anuj Prasad Dubey, committed murders of his wife and their two children and looted their ornaments, other valuable articles and cash. On conclusion of the trial the learned Judge found them guilty of all the above charges and accordingly convicted them. For the conviction under Section 302/34 IPC both of them were sentenced to death and, for the other convictions, to different terms of rigorous imprisonment. Against their convictions and sentences they preferred individual appeals which were heard by the High Court alongwith the reference made by the learned Judge under Section 366 Cr.P.C. In disposing of them by a common judgment the High Court dismissed their appeals and confirmed the death sentences. Hence these appeals by special leave.

2. The case of the prosecution, briefly stated, is as under :