ORDER

Sethi, J.-Legends reveal and the people believe that in the ancient Indian society Bhagwan Krishna took birth to reprieve the suffering humanity from the terror let loose by the demon named Kansa. The birth of Lord Krishna, Janmasthami, is celebrated every year to commemorate the birth of truth for elimination of repression and atrocities. Ironically, thousands of years thereafter, on the day of Janmasthami in the year 1992, the accused, unfortunately named Krishna, along with others, became a devil and like vultures, pounced upon the family of Bhagwan Ram, the deceased. After committing a ghastly crime, the accused persons left the scene of occurrence, satisfied with their design of killing the whole of the family. To their misfortune, two of the injured survived who appeared against the accused as PWs 2 and 3. The deceased included Bhagwan Ram, his son Sunder Ram, and Chando Devi, his mother. Spree of killing was resorted to, for eliminating the prosecution witnesses against some of the accused persons who earlier, on 25th June, 1987, had committed the crime of murder of Om Prakash, another son of Bhagwan Ram.

2. Apparently with police connivance, the charge-sheet was filed against accused Krishan Lal and four others, namely, Bikar Singh, Mangu Singh, Major Singh and Om Prakash, the later four being not even named in the FIR or in the statements of PWs 2 and 3, recorded under Section 161 of the Criminal Procedure Code. It was only on the judicial intervention that ultimately charge-sheet was filed against 12 persons including the convicted appellants. The trial Court concluded that offences under Sections 302, 307, 148, 450 read with Sections 149, 120-B and Section 307 read with Sections 149 and 120-B IPC had been proved against the accused persons, namely, Krishan Lal (A-1), Bikar Singh (A-2), Mangu Singh (A-3), Major Singh (A-4), Vishnu (A-6), Banwari (A-7), Prithvi (A-8), Brij Lal (A-9), Dhokal (A-10), Bhagirath (A-11) and Het Ram (A-12). One of the accused persons, namely, Om Prakash (A-5) was, however, acquitted. Upon conviction, the trial Court awarded death sentence to all the accused persons who were convicted under Section 302 read With Sections 149 and 120-B of the Indian Penal Code and fine of Rs. 25,000/- each. All the convicted persons were also sentenced to life imprisonment and fine of Rs. 2000/- each for the commission of the offence under Section 307 read with Sections 149 and 120B IPC, seven years rigorous imprisonment with a fine of Rs. 2000/- each for the offences punishable under Section 450 of the IPC. They were further sentenced to three years rigorous imprisonment and a fine of Rs. 2000/- each for the offence punishable under Section 148 and 6 months rigorous imprisonment and a fine of Rs. 1000/- each for the offence under Section 27 of the Indian Arms Act. It was further directed that after recovery of fine, the full amount be paid as compensation to injured Subhash Chander (PW 2). Reference was made to the High Court for confirmation of the capital sentence awarded to the accused persons. Feeling aggrieved all the convicted persons filed appeals in the High Court. The State did not file any appeal against the acquittal of Om Prakash, accused.

3. All the four appeals filed by the convicted persons and the reference arising out of the judgment of the trial Court were disposed of by a common judgment now impugned in these appeals. The High Court upheld the conviction of convicts, namely, Krishan Lal (A-1), Vishu (A-6), Banwari (A-7) and Prithvi (A-8) but commuted the death sentence to the imprisonment for life. Their appeals against the sentences in relation to other offences were rejected.

4. Not satisfied with the judgment of the High Court, Subhash Chander, (PW 2) has filed two sets of appeals bearing Nos. 812-814 of 1999 and 815-816 of 1999 praying for setting aside the order of acquittal and awarding of death sentence to the convicted persons as was done by the trial Court. The four convicted