JUDGMENT

 K.G. Balakrishnan, J.-The five accused persons along with two others were tried by the Third Additional Sessions Judge of Bhojpur in Bihar. The Sessions Court acquitted the other two accused persons and convicted these appellants for the offences punishable under Section 302 read with Section 34, Section 376/511 and Section 201/34 I.P.C. and sentenced all the appellants to death. On appeal, the Division Bench of the High Court of Bihar confirmed the conviction of all the five appellants, but commuted the death penalty to imprisonment for life.

 2. The appellants were tried on the allegation that they had caused the death of a 12 years old girl by name Gudia Kumari. Gudia Kumari was a student of Class VIIth. On 6.11.1996, at about 9.30 AM, she left the house for the school but did not return home till evening. The members of her family started searching her but they could not find out her whereabouts, on that day. On the next morning, PW1, Satendra Singh, the brother of Gudia Kumari came to know that her dead body was lying in the field of one Ravi Shankar Pandey. PW9, the Sub-Inspector of Police also came to know that the dead body was lying in the field and he went ther