JUDGMENT

M.S. Deshpande, J.-The eight appellants in Criminal Appeal No.2 of 1988 have been convicted under sections 302, 307 and 342 read with section 149' and sections 396 and .397 of the Indian Penal Code. They have been sentenced to death for the offence under section 302 read with section 149 and under section 396 of the Indian Penal Code, and to suffer imprisonment for life for the offences under section 307 read with section 149 and under section 397 of the Indian Penal Code. For the offence under section 342 read with section 149 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for two months and to pay a fine of Rs. 50/or in default to suffer rigorous imprisonment for seven days.

Confirmation Case No.1 of 1988 arises out of the reference made by the learned Additional Sessions Judge for confirming the sentence of death, under section 366 of the Code of Criminal Procedure.

2. The gruesome incident, which resulted in the death of five persons and injuries to three others, occurred in the evening of July 3, 1984, near Kilo Meter No.9 on Chandrapur Ballarshah Road which is a part of State Highway No. 84. Close to the road at Kilo Meter No.9, construc