Shiva Kirti Singh, J.

1. The Death Reference is in respect of accused Mahendra Prasad Yadav who has also preferred Cr. Appeal No. 253 of 2003. The other four Criminal Appeals have been preferred by four co-accused who have also been, tried and convicted together by the same judgment and order dated 5th May, 2003 passed by 1st. Addl. District and Sessions Judge, Bhagalpur in Sessions Case No. 425 of 2002. Trial No. 104/2002 whereby all the five accused/ appellants have been convicted under sections 302/ 149 I.P.C., Sec.148 I.P.C. and Sec.27 of the Arms Act. No separate sentence has been passed under sec. 148 I.P.C. but there is a direction to treat the period spent under jail custody by the accused persons as period of sentence. Under Sec.27 of the Arms Act all accused have been sentenced to Rigorous Imprisonment for three years. Under Sections 302/149 I.P.C. accused Mahendra Yadav has been awarded death sentence whereas other four accused/appellants have been awarded Rigorous Imprisonment for life. The appellants have challenged the aforesaid judgment and order of conviction and sentence through these appeals which have been heard together and shall be governed by this comm