Judgment

K.G. Balakrishnan, J.—Criminal Appeal Nos. 98-102 of 1999 and Criminal Appeal Nos. 109-114 of 1999 are filed by the State of Madhya Pradesh through CBI and the Criminal Appeal Nos. 103-108 of 1999 are filed by the Chattisgarh Mukti Morcha. All these appeals arise out of the common Judgment passed by the High Court of Madhya Pradesh on 26.6.1998. Nine accused persons were tried by the Second Addl. Sessions Judge, Durg, M.P. Accused Nos. 1 to 8 were charged for the offence under Section 302 read with Section 120B IPC. The 9th accused was charged under Section 302 read with Section 120B, and in the alternative, Section 302 read with Section 34 IPC and Section 25(1)(A) and Section 27 of the Arms Act. The Sessions Judge acquitted A-6 Naveen Shah, A-7 Chandrabaksh Singh and A-8 Baldev Singh Sandhu. A-1 Chandrakant Shah, A-2 Gyan Prakash Mishra, A-3 Avdesh Rai, A-4 Abhay Kumar Singh, A-5 Moolchand Shah and A-9 Paltan Mallah @ Ravi were convicted by the Sessions Judge for the offence under Section 302 read with Section 120-B. A-9 Paltan Mallah was found guilty of the offence punishable under Section 302 IPC and sentenced to capital punishment whereas other accused were sentenced to