CHANDRAMAULI KR.PRASAD, J.

1. Four persons, namely, Maheshwar Rai, his two sons Sanjeet Rai and Ranjeet Rai, and wife Shivpatiya Devi were put on trial for offence under Sec.302 and 307/34 of the Indian Penal Code for having committed the murder of Ram Ekbal Rai, his son Mithlesh Rai, wife Indu Devi and daughter Beauty Kumari and for attempting to commit the murder of his daughter Geeta Devi, son Mukesh Kumar and daughters Nibha Kumari, Khushboo Kumari and Meena Kumari in furtherance of their common intention.

2. The 3rd Additional Sessions Judge, Vaishali at Hajipur, by judgment dated 23rd of August, 2003 passed in Sessions Trial No. 12 of 2002, held them guilty of both the charges and by order dated 26th Adgust, 2003, accused Sanjeet Rai and Ranjeet Rai were sentenced to death under Sec.302 of the Indian Penal Code, and rigorous imprisonmnent for ten years under Sec.307/34 of the Indian Penal Code. Accused Maheshwar Rai and Shivpatia Devi have been sentenced to undergo rigorous imprisonment for life and ten years respectively. Sentences were directed to run concurrently.

3. The learned Judge hassubmitted the proceeding to this Court for confirmation of death sentence of c