FAIZAN UDDIN, J. - (1.)The judgment delivered in this appeal will also govern the disposal of Criminal Appeal No. 1404 of 1985 (Ramnarayan v. The State of M. P.) as well as Criminal Reference No. 7 of 1985 made by the 1st Additional Sessions Judge, Sagar for confirmation of death sentence awarded to the two appellants Mahesh and Ramnarayan in Sessions Trial Nos. 169/84,170/84,171/84/, l72/84 and 173 of 1984 decided by the common judgment dt. 30th Nov., 1985.
(2.)In Criminal Appeal No. 1403 of 1985, appellant Mahesh has challenged his conviction under S. 302 read with S. 34 of the Penal Code for which he has been awarded death sentence in the Sessions Trials referred to above. In Criminal Appeal No. 1404 of 1985 Ramnarayan who is the father of appellant Mahesh has challenged his conviction under S. 302 read with S. 34 of the Penal Code for which he has also been awarded death sentence in the said Sessions. Trials which were all consolidated for the purposes of evidence and judgment.
(3.)Appellant Ramnarayan father of the appellant Mahesh, and appellant Mahesh both are residents of village Hinota. Both were prosecuted for committing 5 murders on 21-6-1984 at about 6.30 P.M. The persons said to have been killed by the appellants are Pooran, Narbad Bai, Mulabai, (wife and mother of Pooran, respectively), Ku. Nanhibai, daughter of Pooran and one Gulab. All the deceased persons except Gulab were living in a house at village Hinota a part of which had been purchased by appellant Ramnarayan from deceased Pooran about 5 years before the incident. The courtyard of the house of the deceased and that of the appellants were only demarcated by a narrow Mendh. The appellants were alone living in their house as there were no other members in their family. Mst. Janki one of the daughters of deceased Pooran had first taken one Harijan as her husband; but later on she left him and took one Pandit of Damoh as her husband. These facts are not disputed between the parties.