S.M.M.Alam, J.

1. Death Reference No. 5 of 2004 (State of Bihar vs. Dharamjay Prasad) and three criminal appeals bearing Criminal Appeal No. 284 (D.B.) (Dharamjay Prasad alias Dharamjay Mahto) as well as Criminal No. 286 of 2004 (D.B.) (Karu Mahto vs. The State of Bihar) and Criminal Appeal No. 335 of 2004 (D.B.)(Binda Mahto vs. The State of Bihar) arise out of one and the same judgment dated 2nd day of March, 2004 passed in Sessions Trial No. 686 of 1995 by 4th Additional District & Sessions Judge, Barh whereby and whereunder all the three appellants alongwith three other accused, who are absconders, were convicted for the offence under Section 302/34 of the Indian Penal Code. Besides that, appellants Karu Mahto and Binda Mahto were also convicted for the offence under Section 27 of the Arms Act. For the offence under Section 302/34 of the I.P.C., appellant Dharamjay Prasad Mukhiya was sentenced to death and ordered to be hanged by neck till his death. The other two appellants, namely, Karu Mahto and Binda Mahto, were sentenced to imprisonment for life under Section 302/34 of the Indian Penal Code and further sentenced for seven years rigorous imprisonment for the offence