Judgment

FAIZAN UDDIN, J.- The judgment delivered in this appeal will also govern the disposal of Criminal Appeal No. 368 of 1992 which is an appeal preferred through Jail Superintendent by the same convicts against the same judgment which is under challenge in Criminal Appeal No. 367 of 1992.

2. Appellants 2 and 3, namely, Mulo Marik and Bansi Marik are sons of appellant 1, Arjun Marik. The three appellants were charged and tried for murders of Sitaram, his wife Smt Kamakhya Devi and their granddaughter Sugwa Kumari in their house situated at Chaitanya Nath, Jajware Path, Deoghar within the jurisdiction of police station, Deoghar (State of Bihar), in the intervening night of 19-7-1985 and 20-7-1985. It was alleged that the appellants after committing murders of three persons named above committed the robbery of the ornaments, cash and other belongings of the deceased which during the course of investigation were seized from their possession from their house on 20-7-1985. The appellants were, therefore, charged and tried under Sections 302, 394 and 411 of the Penal Code. Learned Additional Sessions Judge, Deoghar convicted the three appellants under Section 302 of the Penal Code and