Judgement

RANGANATH MISRA, J.:- These appeals by special leave are directed against a common judgment of the Patna High Court rendered in Death Reference 3 of 1984 and Criminal Appeals Nos. 627, 647 and 676 of 1984. Each of the appellants in the two appeals has been sentenced to death under section 302 read with section 120-B of the Indian Penal Code.

2. Appellant Yadav has independently been convicted under section 302 of the Code and has been sentenced to death. He has also been convicted under section 3 of the Explosive Substances Act and has been sentenced to ten years rigorous imprisonment. Two other accused persons who had been put on trial along with the appellants were acquitted by the trial court and their acquittal has become final.

3. Mahesh Narain Prasad Sharma, the victim, was a Member of the Indian Administrative Service and was posted as Collector and District Magistrate of Gopalganj District in the State of Bihar. On the 11 th of April, 1983 Mahesh Narain went to his court to work in the morning and after he finished his work, both he and his brother, P.W. 62, who was waiting in the chamber of the victim started going down from the first floor of the Collectorate to re