The main legal point established in the judgment is the reliance on credible evidence, including eyewitness accounts and medical reports, to convict the accused and determine the appropriate sentencing.

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 convicts Sanjeet Rai and Ranjeet Rai and the same has been registered as Death Reference No. 11 of 2603. All the convicts have also preferred appeal against the judgment of conviction and sentence and that has been registered as Cr. Appeal No. 405 of 2003.

4. During the pendency of the appeal, convict Maheshwar Rai, appellant No. 1 of Cr. Appeal No. 405 of 2003, died and as such, his appeal stood dismissed having been abated by order dated 25th July, 2006.

The Death Reference and the appeal have been heard together and are being disposed off by this common judgment.

5. Prosecution story, according to the fardbeyan given by P.W. 6 Geeta Devi before the Officer Incharge of Desri Police Station on 20th November, 2000 at 9.30 a.m., is that her father Ram Ekbal Rai was the youngest brother amongst the two brothers. Appellant Maheshwar Rai is the other brother. Her father was posted as Paid Manager in Mahnar Cooperative Bank. According to the fardbeyari, her father Ram Ekbal Rai was married earlier to Meena Devi and from the said wedlock, two children were born, which included the informant Geeta Devi and her brother deceased Mithilesh Rai. According to the first information report, her father married the second time with the deceased Indu Devi and from the said wedlock, five children were bom, i.e. injured Mukesh Kumar, deceased Beauty Kumari and injured Khushboo Kumari, Nibha Kumari and Meena Kumari. According to the informant, her mother died about 20 years ago and her elder brother Mithlesh Rai had passed the Engineering Examination and employed in a technical institute. The informant has alleged that the family of her father and that of her uncle accused Maheshwar Rai, live in the same house in which four rooms and a verandah in the north and east were in his possession and four rooms and a verandah in south and east were in the share of her uncle. According to the informant, partition of the landed as well as movable and immovable property between her father and uncle was effected during the life time of her grand father but her uncle did not intend giving any share to her father.

6. The informant has alleged that earlier, her uncle Maheshwar Rai committed murder of her mother in order to grab the property and had also inflicted Bhala blow on her father and for that a case was registered, in which he was taken into custody.

7. According to the fardbeyan, accused Maheshwar Rai had two sons, namely, Appellants Sanjeet Rai and Ranjeet Rai and four daughters who are all married and living in their respective matrimonial home. Her father and brother were in service but her uncle and his both the sons are engaged in cultivation work and that had made them jealous of their living standard and hence nurtured malice towards them. The informant had alleged that