ORDER

G.N. Ray, J. - This appeal is directed against the judgment of the Division Bench of Madhya Pradesh High Court at Jabalapur dated 29th November, 1985 in Criminal Appeals 326 and 327 of 1980. Criminal Appeal No. 326/80 was preferred by the State of Madhya Pradesh against the accused Gulab Chand and 7 other accused. Criminal Appeal No. 327/80 was preferred by the State of Madhya Pradesh against Gulab Chand and Durga. It may be stated that both the appeals were preferred against the Judgment dated 7th December, 1979 passed by the learned Sessions Judge, Jabalpur in Sessions Trial No. 147/79. In the said Sessions trial, Gulab Chand was accused No.1 and Durga was accused No.3. Gulab Chand, Durga and other six persons stood charged under Section 120-B of the Indian Penal Code for entering into a criminal conspiracy in order to commit murder of Kapuriyabai and robbery of her ornaments on or about 23rd April, 1979 in the village Bhakarwara. The accused Gulab Chand, Durga and Parsoo were also charged under Sections 302, 394 and 397 of Indian Penal Code for having committed the murder of Kapuriyabai in committing the robbery on the intervening night between 23-24 April, 1979. The learn