Judgment

Santosh Hegde, J.-

Crl. A. Nos. 982-983/99 (@ SLP (Crl.) Nos. 1712-13/98) :

Leave granted in the above S.L.Ps.

2. Heard learned counsel for the parties.

3. These appeals are preferred against the judgment and order dated 19.8.1997 passed in Crl. A. Nos. 2090/95 and 2011/95 by the High Court of Allahabad wherein the High Court while confirming the conviction of the respondents herein and 4 others in connected appeals, rejected the reference made by the learned Sessions Judge for confirmation of death sentence of the respondents and commuted the said sentence to life imprisonment for offences punishable under Section 302 IPC. There is an accompanying SLP filed by the complainant in the case from which these appeals emanate. We consider it proper to deal with it separate­ly.

4. The two respondents in these appeals along with 4 other persons were charged with offences punishable under Sections 147/148/149/302 IPC for having committed the murders of Pitamber Singh aged about 75 years, Ramwati Devi aged about 32 years, (Ravi) Ravindra and Narendra both aged 12 years and Reeta aged about 15 years.

5. The prosecution case, narrated in brief, necessary for the disposal of these appeals is