(1.) In both these appeals the appellant is Prem alias Santosh. He along with three others were tried for offences punishable under Sections 395,397,400 and 302 read with 34, Indian Penal Code During the trial Mahadeo (A-1) managed to escape and absconded. The trial court, however, convicted the remaining three accused including the appellant for the offences for which they were charged to various terms of imprisonments including life imprisonment. The appellant Prem alias Santosh filed Criminal appeal No. 256 of 1992 and the State filed Criminal Appeal NO. 262 of 1992 for enhancement of the sentence to one of death. The other two accused Tejasingh and Kallu filed Criminal Appeal no. 51 of 1989 and the State filed Criminal appeal No. 111 of 1989 for enhancement of the sentence to one of death. During the pendency of the appeals before the High Court Tejasingh and kallu escaped from the jail custody. Therefore, the High Court considered the case of the appellant and while confirming his convictions allowed the appeal by the State and enhanced the sentence to one of death.
(2.) These two appeals are filed against the common judgment of the High Court.
(3.) The prosecution case is as follows: on the morning of 21.4.1984, Public Witness 1 shankar found three injured persons lying near the bridge on Wani-Warora highway. He informed the police who reached the scene of occurrence and they found two of them dead and Public Witness 37 lying injured. Public Witness 37 was removed to the hospital. The other two dead bodies were sent for post-mortem examination and the doctor, who conducted the post-mortem, opined that they received fatal injuries on various parts of their bodies and died.