JUDGMENT

Bisheshwar Prasad Singh, J.-This appeal has been preferred by the three appellants herein i.e. Ram Anup Singh, Babban Singh and Lallan Singh. Ram Anup Singh is the father of Babban Singh and Lallan Singh. The appeal arises out of an incident that occurred on 27th March, 1997 in which four innocent lives were lost. Amongst the deceased were Madan Singh, brother of Ram Anup Singh accused, his wife Sheoji Devi, his daughter Sita Devi and his son-in-law Shambhu Sharan Dubey. Since Madan Singh had only one daughter namely, Sita Devi, the appellants virtually annihilated the entire family of Madan Singh who resided in village Dilman Chapra with his wife, his daughter and his son-in-law. It is the case of the prosecution that the daughter of Madan Singh and his son-in-law lived with him and looked after Madan Singh and his wife and also cultivated the lands.

2. The appellants were put up for trial before the 4th Additional District and Sessions Judge, East Champaran, Motihari who by judgment and order dated 3/9.3.2002 in Sessions Trial No. 319/33 of 1997 found the appellant Ram Anup Singh guilty of the offence u/s 302/34, 302/109 IPC and Section 27 of the Arms Act and sentenced hi