Dharnidhar Jha, J.

1. The Death Reference and the two criminal appeals arise out of the judgment and order of conviction dated 2nd June, 2005 and 4th June, 2005, respectively passed by the learned Ist Additional Sessions Judge, Buxar, in Sessions Trial No. 32 of 2002, by which appellants Ishwar Chand Rai and Awadh Bihari Rai were inflicted the sentence of death under Section 302 of the Indian Penal Code besides being directed to suffer rigorous imprisonment for three years under Section 148 of the Indian Penal Code after having been found guilty and being convicted for committing the offences under the above noted Sections of the Penal Code. The two lady appellants, namely, Nirmala Devi and Sangita Devi were also found guilty of committing the offences under Sections 148 and 302 of the Penal Code and were directed to suffer rigorous imprisonment for three years and life respectively for their respective convictions under the above noted Sections of the Penal Code.

2. As is required by Section 366 of the Code of Criminal Procedure, the learned Additional Sessions Judge, after inflicting the sentence submitted the record of the case to this Court for confirmation of the sentence of death passed against appellants Ishwar Chand Rai and Awadh Bihari Rai.

3. The prosecution case is based on the fardbeyan (Ext.3) of P.W. 3, Lilawati Devi, who happened to be the wife of one of the deceased, namely, Bachchaji Rai. The informant stated that her husband Bachchaji Rai had five brothers and they were living in different sections of the same house without there being any clear partition of the properties till the date of the occurrence. The deceased, i.e., Bachchaji Rai, and his remaining five brothers were divided in two groups over the issues of partition of the property and the marriages of their respective daughters. One group consisted of (1) Bachchaji Rai, i.e., the husband of the informant, (2) Sheojee Rai and (3) Ramashankar Rai (all the three deceased) and the other group was comprised of (1) appellants Awadh Bihari Rai (2) Ishwar Chand Rai and (3) Shyam Narayan Rai (since absconding).

4. The informant stated further that the dispute over the keys of the tractor owned by the family jointly, ensued in the evening prior to the date of the occurrence. At about 6 O Clock in the morning on 11.7.2001 her husband, deceased Bachchaji Rai, his brothers who are the two deceased, namely, Ramashankar Rai and Sheoji Rai, were getting ready to go to the Police Station for lodging an information about the occurrence which had taken place in the evening prior to the date of occurrence when the appellants Awadh Bihari Rai, accused Shyam Narayan Rai, appellant Ishwar Chand Rai, Rajesh Rai son of appellant Awadh Bihari Rai and the wives of three other brothers, namely, accused Girija Devi wife of Shyam Narayan Rai, Chandrawati Devi wife of appellant Awadh Bihari Rai, Nirmala Devi wife of appellant Ishwar Chand Rai along with accused Sangita Devi wife of accused Rajesh Rai alias Munna Rai surrounded the three deceased persons at the Darwaja. The accused persons as per the allegations were armed with Baishakhi, Farsa, Bhala, Kudal, Rami, and country made pistol. It is alleged that accused Rajesh Rai ran to the main gate of Darwaja and closed the same. All the accused persons, thereafter, surrounded and caught deceased Ramashankar Rai, whereafter, accused Rajesh Rai alias Munna Rai (since absconding) fired a shot into his ribcage from point blank range. Ramashankar Rai fell down on the ground whereafter accused Shyam Narayan Rai and appellant Ishwar Chand Rai caught hold of both of his hands. Appellant Awadh Bihari Rai dealt a blow with Kudal on the neck of Ramashankar Rai as a result of which his throat was cut on its left side. In the meanwhile, appellant Girija Devi who had a garasa in her hand, accused Chandrawati Devi who was armed with Rami, appellant Nirmala Devi who was armed with Baishakhi and appellant Sangita Devi who was having a kni