B.P.Sharma, J.

1. The reference in this case has been made under Sec. 366 of the Code of Criminal Procedure against the sentence of death passed by the Trial Court in ST No. 8 of 1996/307 of 1994. The learned 1st Additional Sessions Judge, Gaya has passed the order of conviction again all the six appellants under Sec. 302 read with Sec. 34 of the Indian Penal Code and has sentenced all the six appellants to death. The learned Trial Court also convicted the six appellants under Sec. 201 of the Indian Penal Code, but did not pass any separate sentence under this count, as the death sentence has been passed under Section 302, IPC. Being aggrieved by and dissatisfied with the judgment and the order of the Trial Court passed on 13th September, 1996, the appellants have also preferred the instant appeals, as mentioned above, and the Court has also made reference of the case for confirmation of the death sentence awarded by him in this case.

2. This case may be treated as one of the most sensational trials of the recent years so far the State of Bihar is concerned. It is not on account of the fact that this is a case of triple murder, because several massacres have taken place in this State during past few years, hut the present case relates to diabolical murder of three innocent persons by the Police Officers who are supposed to be the protectors of law abiding citizens.

3. The prosecution story, narrated in brief, happens to be like this:

One Rajesh Dhawan, a businessman from Ranchi in Bihar happened to be the proprietor of a shop run under the name and style of "Famina" which dealt in sarees and female dress materials. The shop was situated in Bagrai Market within the police station Hind-Pirhi on the main road in the town of Ranchi within the territorial jurisdiction of Ranchi Municipal Corporation. This Rajesh Dhawan used to visit several places, centers of business, in the country for the purpose of purchasing sarees and cloth materials. He was a young man with charming personality and was popular among the customers as well as the people in general at Ranchi. On 3rd December, 1993, this Rajesh Dhawan decided to go to Varanasi for making purchase of fancy sarees and cloth materials. Although he owned a car himself, as his car was getting repaired in a garage, he asked one acquaintance of his, namely, Asharfi Singh, who owned and possessed a Maruti Van in the name of his wife Smt. Kanti Devi having Regd. No. BR 14-B 7407, to lend his car to Rajesh Dhawan to go to Varanasi and, accordingly, the car was made available to him by Asharfi Singh. The car was driven by one Vinay Kumar Mishra who happened to be a man from Bhagalpur district and was the driver of the vehicle in question. Rajesh Dhawan was also accompanied by one Khedan Yadav of Chapra district who was his personal attendant. All the above named three persons, accordingly, went to Varanasi to make purchases and after making the purchases, on 4th December, 1993, in the evening, Rajesh Dhawan gave a telephonic call to his wife at Ranchi to inform her that he was starting from Varanasi that evening and was likely to reach Ranchi on 5th December, 1993.

4. While the family was waiting for arrival of Rajesh Dhawan, some acquaintances of the family informed the family of Rajesh Dhawan on 5th December, 1993 in the evening that a mishap had taken place at G.T.: Road near Barachatti Police Station in which Rajesh Dhawan alongwith his two companions had met their tragic end. A news to this effect was also circulated by the All India Radio and the Patna Door Darshan that three car borne criminals were killed in an encounter by Barachatti Police on the G.T: Road within Barachatti Police Station. A cousin brother of the informant, namely, Kamal Malhotra alongwith Pawan Dhawan, the younger brother of the deceased Rajesh Dhawan left for Barachatti in the company of Suresh Malhotra, Awatar Krishna Malhotra, Chandra Mohan Kapur and Mast Ram Poddar (P.W. 36). Subsequently, they retur