Ram Naresh Thakur, J.

1. This Death Reference and the four criminal appeals arise out of the same judgment and, therefore, with the consent of all the parties, they have been heard together and are being disposed of by this common judgment.

2. Shri R. D. Roy, 1st Additional Sessions Judge, Sitamarhi, has made this reference under Sec.366(1) of the Code of Criminal Procedure for confirmation of the death sentence awarded by him to condemned prisoners Badri Mian and Bacha Paswan, in Sessions Trial No. 29 of 1985/26 of 1985. All the seven accused persons, who were put on trial in the aforesaid case and convicted for various offences, have preferred Cr. A. 48 of 1987 from jail. Three regular criminal appeals have also been filed, namely, (1) Cr. A. 50 of 1987 by two of the convicts Chhotka Paswan and Nathuni Sah; (2) Cr. A, 68 of 1987 by the two condemned prisoners Badri Mian and Bacha Paswan and (3) Cr. A. 88 of 1987 by the remaining three convicts Awadh Saha, Ram Ekbal Rai and Jugal Rai. Since regular appeals have been preferred by the convicts and the cases of all the appellants of Cr. A. 48 of 1987 from jail are covered by those appeals and they are properly represented by