Om Prakasb, J.

1. -arjun Marik and his sons Mulo Marik and Bansi marik have been convicted for the offence punishable under Sec.302, i. P. C. and each has been sentenced to death. They have further been convicted for the offences punishable under Sections 394 and 411, I. P. C. and sentenced to undergo rigorous imprisonment for ten years and three years for such offences respectively. This is a reference for confirmation of such death sentences and appeal against the order of such convictions and santences.

2. Briefly stated, the prosecution case is that deceased Sitaram Jha, aged abont seventy years, was an issueless money lender. He used to lend money to appellant Arjun Marik also under supervision of his nephew, informant surnath Jba (P. W.6 ). On 19-7-1985, at about 7.30 to 8. P. M. , appellant arjun Marik along with his appellants Bansi Marifc and Mulo Marik, arrived at the house of Sitaram situated in Chetannyanath Jajbare Path in Deoghar town, P. S. Deogbar. Distt. Deognar, to raise a loan for purchasing she- bufallow. Sitaram did not readily agree to advance further loan on the ground that only two months back, he had lend Rs.10,000/- to Arjun for purchasing she-bufa