USHA SHUKLA, J. - (1.)ON the night between 18th and 19th May, 1999, a Couple still in its thirtees, and their two minor children were brutally murdered in the courtyard of their house in village Salibada, and two more children of theirs were also assaulted and left as dead by the assailants. For this gruesome incident, accused Chamru alias Bhagwandas was charged under sections 302,307 and 324 of the Indian Penal Code, and co -accused Geetabai alias Shobhabai was charged for these offence with the aid of section 34 of the Indian Penal Code VIth Additional Sessions Judge, Jabalpur, convicted both Chamru and Geetabai of all the offences charged, and while awarding the extreme penalty of death to accused Chamru for this quadruple murder sentenced Geetabai to life imprisonment under sections 302/34 of the Indian Penal Code along with sentence of fine. They were both sentenced to 10 years RI and 3 years' RI on the other two heads of charge along with various sums fine. Both accused Chamru and Geetabai have challenged their conviction sentence by filing Criminal Appeal No. 629/2000 and Criminal Appeal No 628/2000 respectively, while the trial Court has made the reference for confirmation of death sentence.
(2.)THE case for the prosecution in brief is that sometime prior to this incident, deceased Rarnkishan and his wife deceased Anita were given three acres of land by the latter's father Sevaklal (PW 5). Since then Ramkisha lived in the farmhouse along with his wife and four minor children, namely eldest son Kapil, aged about 12 years, daughter Keerti, son Bantu, and the youngest child Preeti, aged about 7 years. This land was earlier cultivated by Gendalal, the father -in -law of Sevaklal (PW 5), and after the death of Gendalal his son Mangdu and his wife accused Geetabai continued in possession. The fields were later taken back from Mangdu by Sevaklal, and out of it, 3 acres were given. to his daughter deceased Anita and one acre was given Gendalal's widow, who sold it off for her daughter's marriage. This ha enraged Geetabai and her husband who used to abuse Anita and her husband Ramkishan. According to the prosecution, after her husband's death, Geetabai had developed friendly relations with accused Chamru, and the two of the perpetrated this dastardly crime in furtherance of their common intention.
According to the prosecution story, both accused Chamru and Geetabai went to the house of Ramkishan at the dead of night and Chamru hacked Ramkishan, his wife and children one by one while they were sleeping in their courtyard. Two of the children, namely, Keerti (PW 3) and Bantu (PW 7), we badly injured, but they could be saved after prolonged hospitalisation. These two children, and Ramkishan's niece Indu Patel, who was on a visit to his place, are said to have witnessed the crime.

(3.)THE first information report Ex. P -4 was lodged next morning by village Patel Bhupatsingh (PW 2). This set the investigation in motion. Dr. A.K. Yadu (PW 9) performed the autopsy and Ex. P -17 -A to Ex. P -20A are the post -mortem reports. He testified that all these persons died a homicidal death.