Chandramauli Kr.Prasad, J.

1. Jhari Sharma, Kailash Singh and Rana Singh were put on trial for commission of the offence under Sec.148, 302/149 and 201 of the Indian Penal Code and 27(1) of the Arms Act. Additional Sessions Judge. Fast Track Court No. II. Khagaria by judgment dated 29th of January, 2004 passed in Sessions Trial No. 351 of 1999 held all of them quilty under Sec.148, 302/149 and 201 of the Indian Penal Code and 27(1) of the Arms Act. By order dated 30.1.2004 he awarded sentence of 2 years rigorous imprisonment for offence under Sec.148 of the Indian Penal Code, death for offence under Sec.302/149 of the Indian Penal Code, 5 years rigorous imprisonment and fine of Rs. 5000/-, in default of payment of fine to suffer simple imprisonment for one year under Sec.201 of the Indian Penal Code and further sentenced them to undergo rigorous imprisonment for 3 years and fine of Rs. 3000/-, in default to suffer simple imprisonment for 6 months under Sec.27(1) of the Arms Act. Sentences of imprisonment were directed to run concurrently.

2. The sentence of death had necessitated reference under Sec.366 of the Code of Criminal Procedure and, accordingly the learned Judge ha