Navin Sinha, J.

1. These three criminal appeals arise out of the judgment of conviction and sentence dated 26.4.2008 by the Additional Sessions Judge, F.T.C.-IV, Banka, in Sessions Trial No. 897 of 2002.

2. Death Reference No. 8 of 2008 arises out of Criminal Appeal No. 665 of 2008 alone. Seventeen persons were put on trial. Nine have been acquitted, and eight convicted.

3. Shaukat Mian has been convicted under Section 302, 148 of I.P.C., Section 3(b) of the Explosive Substances Act, and sentenced to death, in addition to rigorous imprisonment for three years under Section 148 of the Indian Penal Code and to rigorous imprisonment for life under Section 4 of the Explosive Substances Act. Rahim Mian has been convicted under Sections 307, 302/148/149 and 3/4 of Explosive Substances Act, and sentenced to seven years rigorous imprisonment under Section 3/4 (each) of Explosive Substances Act, three years rigorous imprisonment under Section 148 of I.P.C., ten years rigorous imprisonment with fine under Section 307 of I.P.C. and rigorous imprisonment for life under Section 302, 149 of I.P.C. Hasib Mian and Latif Mian have been convicted under Sections 323, 325, 307, 302/147, 149 of I.P.C. and sentenced to one year rigorous imprisonment under Section 323 of I.P.C., five years R.I. under Section 325 of I.P.C., two years R.I. under Section 147 of I.P.C., ten years R.I. with fine of Rs. 20,000/- under Section 307 of I.P.C. and R.I. for life under Section 302, 149 of I.P.C. The rest have been convicted under Section 302/147/149 of I.P.C. Buddhu Mian has further been convicted under Section 307/34 of I.P.C. They have been sentenced to R.I. for two years under Section 147 of I.P.C. and R.I. for life under Section 302/149 of I.P.C. and Buddhu Mian has further been sentenced to R.I. for ten years under Section 307/34 of I.P.C. and fine imposed.

4. Md. Himmat Ali, P.W.3, in his fardbayan recorded, at the Referral hospital, Bousi, on 8.7.2002 at 6.45 a.m., marked as Ext. 1, stated that on the previous night he and his family members were asleep at their Basa. About 4.00 a.m. in the morning his co-villagers, Buddhu Mian, his sons, Hasib Mian and Latif Mian came to his Basa. Buddhu Mian ordered when Hasib Mian and Latif Mian assaulted his son Md. Shamshad Ansari, P.W.4, the informants wife Bibi Mazida Khatoon, P.W.2, on the head with a Khanti, causing injuries to them. Abul Basher and Israel came on hearing the commotion. The informant along with his wife and sons proceeded to the Bousi hospital for their treatment. When they reached near the Imambara at about 6.00 a.m., Hasib Mian, Latif Mian with a Khanti, Rahim Mian with bomb, Shaukat Ali with bomb, Nawab Mian with bomb, Pasib Mian with Lathi, Tudu Mian with Lathi, Kamrul Mian, Buddhu Mian, Kabir Mian, Jannu Mian, Firdous Mian, Minhaz Mian, Nazrul Mian, Khurshid Mian, Islam Mian and Siddique Mian with Lathis in their hand lay in wait and surrounded the informant and his family members. Shaukat Mian threw a bomb which hit the informants son, Fida Hussain, on his left shoulder Pakhura and he was seriously injured. Nawab Mian threw another bomb at his son Md. Hasnain, P.W. 1, Rahim Mian threw a bomb from his terrace which hit Abul Basher causing injuries. The accused ran away when they saw the villagers coming.

5. Fida Hussain died at the hospital. The motive for the occurrence was the on-going land-dispute between the informant and Nawab Mian, Buddhu Mian.

6. The police investigated the matter and submitted charge-sheet against all the accused under Section 302/149 and under Section 307/34 of I.P.C. against Buddhu Mian. Both the prosecution and accused are descendents of a common ancestor. P.W.3, Himmat Ali were three brothers, Samtulli and Mahboob Ali. Samtulli had four sons- Kabir, Nawab, Junno and Noor Nabi (deceased). The surviving three brothers are accused along with Khurshid, son of Kabir and Minhaz, Mirbous and Nazrul, sons of late Noor Nabi. Kabir, Nawab, Junno, Firdous sold cer