Ghanshyam Prasad, J.

1. All the above nine appeals were heard together along with the Death Reference which arise out of one and the same judgment dated 27th April, 2002 and order dated 29th April, 2002 passed by 5th Additional sessions Judge, Gaya in Sessions Trial no.109 of 1998/202 of 1998. All the 11 appellants have been convicted under sections 302 /149 IPC, and 27 of the Arms act. Appellants Suchit Singh, Manoj singh and Arvind Singh, S/o Baleshwar singh have further been convicted under Sec.302 IPC, appellant Dabloo singh has also further been convicted under Sec.307, IPC and appellants suchit Singh, Manoj Singh, Dilip Singh, mantu Singh and Bugan @ Devendra kumar Singh have also been convicted under Sec.380 IPC. Appellants Manoj singh, Suchit Singh and Arvind Singh, s/o Baleshwar Singh have been sentenced to death under Sec.302, IPC and rest 8 appellants have been sentenced to undergo life imprisonment i. e. till last day of their life under Sections 302/149, IPC. No separate sentence has been passed under other sections.

2. It is to be mentioned here that inadvertently, the Court below failed to mention name of the convict/appellant sugan Singh while awarding sentences to the convicts. Later on, on the direction of the Court, he re-heard the convict Sugan Singh on the point of sentence and sentenced him to undergo life imprisonment i. e. till last day of his life, vide dated 25.4.2005.

3. This common judgment will govern the result of all the aforesaid 9 appeals as well as death reference.

4. Gloom descended in the family of the informant Satendra Kumar (PW 3)in the. night of 30th March, 1997 as three members of the family of three generations i. e. grand father, father and son were killed, allegedly by the appellants.

5. Briefly stated, the prosecution case, as disclosed in fardbeyan (Ext.4), is that on 30.3.1997 at 7.45 p. m. all the three deceased, namely, Ramjanam singh, Bhim Singh and Nagendra Kumar, the father, the grand father and younger brother of the informant and the informant himself were at darwaza of the house. One co-villager Ramanand Singh (PW 2) was also sitting at darwaza along with them and they were listening news on radio (Transistor ). All of a sudden about 12-13 persons armed with firearms came near the darwaza through western gate of the house and began indiscriminate firing. When they came quite close, the informant in the light of lantern and flash of torch of the miscreants identified all the appellants who were armed with pistols and gun. First of all, they threatened the informant and deceased persons not to move and thereafter, appellants Arvind singh S/o Baleshwar Singh and Bugan singh tied the legs of the father of the informant, namely, Ramjanam Singh and laid down on a cot and appellant sudershan Singh after assaulting him with lathi asked as to where his rifle was. He replied that the same was with his brother at Bokaro.

6. Further case of the prosecution is that in the meantime, appellants mantu Singh, Manoj Singh, Suchit singh, Dilip Singh and Bugan Singh brought deceased Bhim Singh inside the house and after sometime they all returned along with a bundle containing articles including ornaments of the house. They also got the room of the dalan opened and searched and thereafter, appellant Suchit Singh fired shot from his pistol at chest of father of the informant Ramjanam Singh as a result he fell down on the cot. Seeing this, Bhim Singh tried to run away inside the house but appellant Manoj Singh chased and shot at him and appellant Arvind Singh S/o baleshwar Singh also shot at deceased nagendra Kumar from his pistol as a result they too fell down on the spot. While the informant was trying to run away in order to save his life, he was too shot at by appellant Dabloo Singh on the right side of abdomen. Thereafter, all the appellants vanished from the scene raising the slogan "inqualab ZINDABAD AUR hamse JO TAKRAIGA WOH CHUR CHUR ho JAIGA. "

7. Further case of the prosecuti