Shyam Kishore Sharma and Gopal Prasad JJ.

1. The three appeals, along with death reference, are heard together and are being disposed off by this common judgment.

2. All the appellants in three Appeals have been convicted under Sections 302/149 of the Indian Penal Code as well as 17 of the Criminal Law Amendment Act and 27 of the Arms Act and have been sentenced to death for their conviction under Section 302/149 of the Indian Penal Code in Sessions Trial No. 174 of 2004. Appellants, Arvind Singh and Manoj Singh have further been convicted under Section 148 of the Indian Penal Code. However, no sentence, for offence under Sections 148 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act, in Sessions Trial No. 1074 of 2004, has been awarded by the order, dated 01.02.2008, passed by Shri Om Prakash, Additional District Judge, Fast Track Court, V, Patna, as such, the learned Judge has submitted the proceeding to this Court for confirmation of death sentence of Court. The same has been registered as Death Reference No. 3 of 2008. All the convicts have preferred separate Appeal against the judgment of conviction and sentence registered as Cr. Ap