G.L. Gupta, J.-The above death reference and appeals have arisen out of the Judgment dated 30.7.1997 of the learned Sessions Judge, Jaipur District, Jaipur whereby he convicted and sentenced accused Darbara Singh and Bakshi Singh as follows :

DARBARA SINGH

Under Section 302 r/w Section 120-B, IPC Death sentence.

Under Section 307 r/w Section 120-B, IPC S.I. for 10 years and a fine of Rs. 2,000/-, in default, 2 years S.I.

Under Sections 394, 397, 398 r/w Section 120-B, IPC Ten years R.I. and

a fine of Rs. 5,000-, in default, 2 years S.I.

Under Sections 379 and 411, IPC No separate sentence awarded.

BAKSHI SINGH

Under Section 302 r/w Section 120-B, IPC Imprisonment for life and a fine of Rs. 5,000/-in default, 2 years

S.I. Under Section 307 r/w Section 120-B, IPC Ten years SI and a fine of Rs. 2,000/-, in default, 2 years S.I. Under Section 394, 397, 401 r/w Section 120-B, IPC Ten years R.I. and a fine of Rs. 2,000/-, in default, 6 months R.I. Under Section 411, IPC One year’s R.I. and a fine of Rs. 500/-, in default, 6 months R.I. (2). The prosecution case can be summarised as follows. During the working hourse in the State Bank of Bikaner and Jaipur, Khari Gram, Gulabpura Branch robbery was committed on 4.1984. The intruders, who were 4 in number, entered into the bank premises, having fire arms in their hands and they forced the employees of the bank to part with the amount lying in the bank as also their wrist watches. The intruders after looking the bank while making their escape good fired a shot killing one person and injuring another outside the bank, They boarded a fiat car (No. RRZ 3155) parked outside the Bank which was of a customer. While leaving the place of occurrence, they noticed one person going towards the Mayur Mill, which was situated near the bank. They chased him and fired a shot at him causing his death instantaneously. Thereafter, they ran away. The persons killed outside the bank and the gate of Mayur Mill were Shri R.K. Choudhary and Shri J.K. Jain, and the person who suffered murderous assault was Shri J.C. Laddha. (3). The FIR of the occurrence Ex. P 11 was lodged by Shri G.C. Jain, Manager of the Bank (PW 5) at 9.30 P.M. at P.S. Gulabpura, on which, a case u/S. 379,302,394 and 397 IPC, was registered. During the course of investigation, the police inspected the site, prepared the inquest memo of the two deceased persons and interrogated various witnesses. Injured J.C. Laddha was taken to the hospital where his injuries were examined by Dr. D.K. Gupta. The post mortem examination of R.K. Choudhary and J.K. Jain was conducted by Dr. R.P. Kapoor who prepared the post mortem reports, Ex. P 21 and P 22. The police arrested 5 persons, including the two appellants. The other persons arrested were Kamikar Singh, Swaran Singh Billu and Guru Sewak Singh @ Babla. The police succeeded in recovering some articles at the instance of the persons arrested. In the identification parade held during investigation, (he witnesses identified the accused persons. During the course of investigation, accused Bakshi Singh, Sukhdeo Singh, Kamikar Singh and Darbara Singh desired to confess their guilt and therefore, they were produced before the Judicial Magistrate who recorded their confessional statements. After the completion of the investigation, the police submitted a challan against 5 persons, who were sent up for trial by the learned Magistrate vide order dated 5.85. (4). During the course of trial, accused Svvaran Singh and Guru Sewak Singh absconded and therefore, their trial could not proceed. Accused Kamikar Singh, though faced the trial upto the stage of final arguments in the case, yet on the date of Judgment he did not appear so the learned Sessions Judge treated him as having absconded, and did not pronounce Judgment so far as his case is concerned. (5). The following charges had been framed against the appellanls: Darbara Singh @) Gyani: Section 120-B, 394 read with Sec. 397 and 398,302/34,307/34,411 and 379