( 1. ) THE judgment in this appeal shall also dispose of Criminal Appeals Nos. 211 and 215 of 1973 as also Criminal References Nos. 5, 6 and 7 of 1973.

( 2. ) ON 6th July 1972 there was an armed robbery in the Gun Carriage Factory Post Office, Jabalpur, at about 5-30 p. m. in which three postal employees, namely, Sitaram Chouksey, V. N. Choudhary and Durga Prasad Mishra, lost their lives. The appellants in these appeals were tried by the Second Additional Sessions Judge, Jabalpur, in Sessions Trial No. 100 of 1972 for offences under Sections 302, 449 and 394 read with Section 397 of the Indian Penal Code. By the judgment delivered on 20th February 1973, Pravin Kumar Gupta (appellant in Criminal Appeal No. 171 of 1973) has been convicted under Section 302 for committing murder of V. N. Choudhary and under Section 302 read with Section 34 of the Penal Code for committing murder of Sitaram Chouksey and Durga Prasad Mishra. For these offences he has been sentenced to death. He has also been convicted under Sections 449 and 394 read with Section 397 of the Penal Code and sentenced to rigorous imprisonment for seven years on each count. The sentences of imprisonment are to run concurrently. Vijay Simon and Reuben Pradeep (appellants in Criminal Appeals Nos. 211 and 215 of 1973) have been convicted under Section 302 read with Section 34 for the murder of Sitaram Chouksey, V. N. Choudhary and Durga Prasad Mishra. They have been sentenced to death for these offences. They have also been convicted under Sections 449 and 394 read with Section 397 of the Penal Code and have been sentenced to rigorous imprisonment for seven years on each count. The sentences of imprisonment are to run concurrently.

( 3. ) THE G. C. F. Post Office is located in the G. C. F. Estate. The evidence shows that near the post office there are no buildings and towards at least one side of the post office there are some bushes and a small hill. The Dak and money are taken to the Head Post Office, Jabalpur, from the Factory Post Office in the evening. The post office has got, for this purpose, two vans; one is referred to as the mail van and the other cash van. The Dak is collected by the mail van and the cash by the cash van. On 6th July 1972, on which date the incident took place, the cash van had broken down and the Dak and the cash were both collected in the mail van at about 5. 10 p. m. Ganesh Prasad (P. W. 2) was the driver of the mail van with whom were Narayan Prasad (P. W. 3), the Cash Overseer of the Post Offices, and Ramnihor Mishra, (P. W. 4 ). a Police Constable. When this mail van was standing in front of the post office and Dak and cash were being collected from the post office and taken to the van, the appellants were seen together near some bushes. When the mail van moved after loading the Dak and the bag containing the cash, the appellants were seen near the road.

( 4. ) EXHIBIT P-289 is a plan of the place of occurrence which is drawn on scale. This plan was prepared by Jamna Prasad (D. W. 3) who is Assistant Foreman incharge of the Drawing Section in the factory-The plan was prepared on the date of the incident itself. A look at this plan will show that the post office consists essentially of a hall. Counters have been erected in this hall to divide it into two portions. From the side of the counters there is a half door through which one can enter the other side of the hall where the Post Master and other postal employees sit for doing their work. The quarter of the Post Master is adjacent to the post office and there is a door from which one can enter the quarter from the post office. At about 5-30 p. m. , when the incident took place, there happened to be four postal employees in the post office, namely, Sitaram Chouksey, the Post Master, V. N. Choudhary, Money Order Clerk, Durga Prasad Mishra, Savings Bank Clerk, and Abdul Hafiz Khan (P. W. 1), Telegraph Clerk. All of them were busy in their work when they suddenly noticed the appellant