JUDGMENT

S.P. Kurdukar, J.-A primitive theory of punishment, "limb for limb; eye for eye; ear for ear; etc., etc.," prevalent in the uncivilized society was put into action in letter and spirit in the present time. The magnitude of the present crime needs no elaboration. In the present crime five deaths were involved in which a boy of ten years had been assaulted and thrown into the fire and roasted alive; heads of three human bodies were severed and the 5th who sustained firearm injuries died in the hospital after about 17 days due to septicaemia. Such is the gravity of the crime. 24 persons were arraigned at the trial as accused and at the conclusion of the trial, the trial Court awarded death sentence to four accused, life imprisonment to twelve accused and acquitted seven accused. The trial Court made a reference under Section 366 Cr.P.C.; the convicted accused filed the appeals including those who had been awarded capital punishment; the State of U.P. also filed two appeals; one against the order of acquittal of seven accused and another for enhancement of sentence in respect of other accused. The batch of criminal appeals was heard together by the High Court of Allahabad. The