G. S. Chaube, J.

1. Sole appellant govind Prasad Singh alias Govind singh in Cr. Appeal No.388/95 has been convicted by the 1st Addl. Sessions Judge of Banka in Sessions Case no.229/77 under Sections 148, 302 and 307 of the Indian Penal Code ("the code" in short) and has been condemned to death for the offence under section 302 of the Code. He has been further sentenced to undergo imprisonment for life for the offence under Sec.307 of the Code. No separate sentence has been passed for his conviction under Sec.148 of the Code. Consequently, his sentence of death has been referred to this Court by the trial Court for confirmation under Sec.366 of the code of Criminal Procedure and the said reference has been registered as Death Reference No.2/95.

2. The appellants other than Appellant No.9 in Cr. Appeal No.395/95 are convicted ia same sessions case under Sections 147, 302 read with Sections 149 and 307 read with Sec.149 of the Code and have been sentenced to undergo imprisonment for life for the offence under Sec.302 read with section 149 and rigorous imprisonment for seven years for the offence under section 307 read with Sec.149 of the code. No separate sentence has been aw