JUDGMENT

Dr. A.S Anand, J. - These two appeals, by special leave, arise out of a common judgment of the High Court of Judicature, Appellate Side, at Bombay (Nagpur Bench) dated 27th 28th and 31st October 1988, confirming the death sentence passed by the Addl. Sessions Judge, Chandrapur for an offence under Section 302 IPC on five appellants in Criminal Appeal No. 201/1989. Three convicts were acquitted by the High Court and Criminal Appeal No. 466/1989 has been filed by the State of Maharashtra against their acquittal. This judgment will dispose of both the appeals.

2. Nine accused persons, namely, Rampal, Fulchand, Babulal, Sheoprasad & Dhunda Chunbaliya, Basawan, Shamlal, Pratap, Ramkishor and Ramcharan, were sent up for trial for committing the murder of Tanba Gedam, Baldeosingh, Raman Chandra, Prakash Vehdakar and Raju Deshmukh and for causing injuries to Surendra PW31, Mahendrasingh PW33 and Doma PW5 on 3.7.1984 between 7.30 p.m. and 10 p.m. on the Highway Chandrapur-Ballarshah Road while committing dacoity. (One other accused who had also been arrayed by the police died before the trial in police custody). They were tried for offences under Sections 302, 307, 342 read with Se