S. P. Singh, J. - Both Criminal Appeal Nos. 535 of 2012 and 794 of 2012 are directed against the common judgment and order dated 19.5.2012 passed by the learned 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 30 of 2008/Sessions Trial No. 167/09, whereby all the four appellants have been convicted under Sections 302, 201 and 120-B of the IPC.

2. The sole appellant Vishwanath Choudhary of Criminal Appeal No. 535 of 2012 has been sentenced to R.I. for life imprisonment under Sections 302/34 and 120-B of the Penal Code and has also been ordered to pay a fine of Rs. 1 lac. The rest three appellants of Criminal Appeal No. 794 of 2012, namely, Radheyshyam Choudhary, Chandan Choudhary (absconding) and Vinod Choudhary are awarded death sentence under the said Court. However, no separate sentence has been passed for conviction under Section 201 of the Penal Code.

3. A Death Reference bearing Death Reference Case No. 13 of 2013 was registered in terms of Section 366 of the Cr PC. The two appeals and the Death Reference have come for hearing before this Court.

4. The prosecution case as per fardbeyan of the informant Dilip Kumar Choudhary, recorded by Shri R.P. Gupta,