( 1 ) THESE appeals were once heard by a Division Bench of this Court, consisting of Sri Girdhar Malviya, J. (since retired) and Sri B. K. Sharma, J. Both the Judges gave contradictory opinion. There was difference of opinion in their judgment. Shri Girdhar Malviya, J. upheld the conviction. Sri B. K. Sharma, J. after reading the judgment recorded by Sri Girdhar Malviya, J. was of the view that the appeals deserve to be allowed and all the appellants deserve acquittal.

( 2 ) THEN there was again difference of opinion between both the Judges on the question whether the appeals be laid before the 3rd Judge or be re-heard and decided by a Larger Bench. The matter was then referred to Honble the Chief Justice for appropriate orders. Honble the Chief Justice by constituting this Larger Bench directed that the appeals be laid before the bench of three Judges for re-hearing and disposal. This is how these appeals came up for hearing and were heard by this Larger Bench.

( 3 ) RAM Ajore PW-1 lodged an FIR on 20-10-1983 at 2 a. m. in respect of the murders of Vijai Kumar, Vinod Kumar, Rampati and Sheo Kumar and dangerous injuries to Rakesh Kumar in the night of 19/20-10-1983