IMPORTANT POINT
In a case of premeditated murder of twenty six persons including women and children, committed in calculated manner with extreme .cruelty and brutality, death sentence commuted to the sentence of life imprisonment considering the sale eyewitness did not till the names of four of the appellants.

JUDGMENT

G.N. Ray. J.-Leave granted.

2. Heard learned counsel for the parties. These appeals arise out of three special leave petitions filed by eight convicted accused each of whom has been awarded death sentence. In the Special Leave Petitions, notice was issued limited only to the question of sentence to be suffered by the said eight convicted appellants namely (1) Raja Ram Yadav son of Chintaman Yadav (2) Babu Ram Yadav son of Jathu Yadav (3) Keswar Jadav alias-Ram Keswar Yadav son of Narain Yadav (4) Jag Narain Yadav son of Jattu Yadav (5) Chintaman Yadav son of Vilas Yadav (6) Brahamdeo Yadav son Moheri Yadav (7) Chander Deep Yadav son of Jattu Yadav and (8) Ram Pravesh Yadav son of Narain Yadav.

3. The learned fourth Additional Sessions Judge, Aurangabad by his judgment dated September 30,1992 convicted Ram Pravesh Yadav, Keswar Yadav. Jag Narain Yadav Chandradeep Yadav, Chintaman Yadav and Brahamdeo Yadav for the offence of murder and awarded death sentence against them. They were also convicted under Section 148 IPC but no separate sentence was passed for such offence. All the said eight accused were further convicted under Section 436 read with Section 149 IPC but no separate sentence was awarded for such conviction in view of death sentence awarded against them.

4.The said convicted accused filed two appeals being Criminal Appeal No.460 and 461 of 1992 before the High Court of Patna impugning the order of conviction and sentence passed by the learned Additional Sessions Judge, Aurangabad. The said appeals and Death Reference No. 9 of 1992 for confirmation of death sentence awarded against the said eight convicted accused were disposed of by the Patna High Court by a common Judgment dated 7.12.1995. The High Court upheld the conviction of Jainarayan Yadav (A-4), Chintaman Yadav (A-5) and Ram Pravesh Yadav (A-6) under Section 303 IPC arid also upheld the conviction of RaJaram Yadav under Section 302/34 IPC. But the conviction of Keswar Yadav(A~3), Brahamdeo Yadav (A-6) and Chandradeep Yadav (A-7) under Section 302 IPC was converted to conviction under Section 302 readwith Section 34 IPC. The High Court also upheld the conviction of the appellants under Section 148 and 436/149 IPC and under Section 302/149 IPC but no separate sentence was passed for such conviction. The High Court upheld the death sentence awarded against each of the said eight convicted accused by accepting the Death Reference.

5. Initially the appellants sent an application for special leave from Jail being S.L.P.Crl.)No.323ofl996andSriS.S.KhanduJa, learned advocate, was appointed as amicus curiae. Later on, the appellants preferred S.L.P. (Cri.) No. 432 of 1996 and S.L.P. (Cri.) No. 3434 of 1996. Mr. Rajendra Singh, the learned senior advocate , appeared in the appeal arising out of S.L.P. (Cri.) 452 of 1996 and Mr. K.G. Kannabriran. Learned senior advocate, appeared for the appellants in the appeal arising out of S.L.P. (Cri.) No. 3434 of 1996. Mr. Udai Sinha. learned senior advocate, has appeared for the State in all the appeals.

6. Mr. Rajendra Singh has submitted that since the scope of the appeals is only limited to the question of sentence to be suffered by the appellants, he will confine his arguments only on the question of sentence on the footing, that the order of conviction passed against the appellant stands upheld by this Court. Mr. Singh has submitted that in the instant case, the appellants have been convicted for the offence of murdering Gaya Single Sita Ram Singh, the wife of Sitd Ram Singh; Giranti Kumar, Renu Kumar;-Ritu Kumar and Gaya Prasad. The appellants have also been convicted under Section 436 read with Section 148 Indian Penal Code but they, have been acquitted for the offence under Section 120B of the IPC. Mr. Singh has submitted that 74 persons faced the trial before the Additional Sessions Judge in Sessions Trial No. 180 of ,1987 (1 of 1988), in connection with the incident which had occured at about 1 A.M. of 30th May. 1