Shiva Kirti Singh, J.

1. The Death Reference under consideration and the connected seven Criminal Appeals arise out of Muzaffarpur Sadar P.S. Case No. 216 of 1994 dated 5.12.1994 corresponding to G.R. Case No. 2660/94 which led to joint trial of 36 accused persons for the offence under Sections 147, 302/149, 307/149, 427, 302/109 and 302/114 of the Indian Penal Code (hereinafter referred to as IPC). By the judgment and order dated 1st October, 2007 passed in Sessions Trial No. 115/1996 by learned Additional Sessions Judge-1, Patna, seven appellants have been convicted for various offences leading to infliction of death penalty to three accused namely, Anand Mohan, Professor Arun Kumar Singh and Akhlak Ahmad for the offences under Section 302/149 and 302/109. They have also been awarded R.I. for five years under Section 307/149, R.I. for one year under Section 427/149 and R.I. for 1 year under Section 147 of the IPC. Accused, Lovely Anand, a lady has been similarly convicted but for the offence for which death sentence has been awarded to the aforesaid three accused, she has been awarded life imprisonment and a fine of Rs. 25,000/- and in default thereof simple imprisonment for two years. The remaining three accused have also been held guilty of all the offences except offence under Section 302/109 IPC and have been awarded similar sentence as awarded to accused, Lovely Anand. The remaining 29 accused have been acquitted of all the charges. The Death Reference and connected appeals have been heard together and shall be governed by this common judgment.

2. The informant of this case is Mohan Rajak, Deputy Superintendent of Police (East), Muzaffarpur (PW-14). His typed report running into four pages has been made the basis of First Information Report lodged on 5.12.1994 at 22:10 P.M. for an occurrence which allegedly took place on the same day at about 16-15 P.M. The place of occurrence is village, Khabra situated on National Highway-28 at a distance of about three kilometers east of the Police Station. From the FIR it transpires that on 4.12.1994 in the night hours one, Kaushalendra Kumar Shukla @ Chhotan Shukla said to be a criminal and his associates were murdered by some unknown persons on NH-28 under Brahampur P.S. of Muzaffarpur district. Their autopsy was conducted on 5.12.1994 at Srikrishna Medical College Hospital, Muzaffarpur. On hearing the news of said murders the supporters of Chhotan Shukla and of Bihar Peoples Party gathered at the hospital in large number. They were agitated. Apprehending breach of law and order, Sub Divisional Officer (East), Tara Rajak-(PW-12), Sub Divisional Officer (West), B.P. Singh, (PW-13), Executive Magistrate, M.o. Siddiqui, Inspector-cum-Incharge, Mithanpura, B.D. Nigam-(PW-6), Officer Incharge, Ahiyapur, N.P. Dev (PW-9), Sub Inspector, Gaya Prasad Chaubey of Ahiyapur P.S-(PW-5), Sub Inspector, K.N. Chaudhary, Officer Incharge, Sadar P.S.(PW-7), ASI, S.N. Singh, Sub Inspector, Ravindra Sharma of Mithanpura P.S.(PW-3), Sub Inspector, Raja Ram of Town PS (PW-10), Inspector Sadar "B" J.P. Narain (PW-8) along with armed police force and lathi force were present at the hospital. After autopsy the dead bodies were taken from the hospital at about 11:30 A.M. to the house of Chhotan Shukla and they were escorted by the aforesaid police officials. The procession was agitated and was led by appellant, Arun Kumar Singh, Ramesh Thakur, appellant, Shashi Shekhar Thakur, Ram Babu Singh, appellant, Harendra Kumar, appellant, Vijay Kumar Shukla @ Munna Shukla and others. Some slogans were raised in the way against the administration. At the residence of Chhotan Shukla floral tributes were paid to the dead persons present there along with appellant, Anand Mohan, a Member of Legislative Assembly, Lovely Anand, a Member of Parliament. At about 3:30 P.M. the procession started for the ancestral home of Chhotan Shukla in village, Jalalpur, P.S. Lalganj. District, Vaishali along with his and another