S. P. SINGH, J.:–Under challenge, in the present appeals, is the judgment, dated 25.11.2013, passed, in Sessions Trial No. 1480 of 2011, by learned Additional Sessions Judge-ii, Patna, and the order, dated 07.12.2013, whereby various sentences have been passed against the accused-appellants.

2. By the impugned judgment, learned trial Court has convicted the accused-appellants under Sections 394, 411 and 302 read with Section 34 of the Indian Penal Code. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to death and also pay fine of Rs. 10,000/- each and, in default of payment of fine, suffer simple imprisonment for three months. For their conviction under Section 394 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to undergo imprisonment for life and pay fine of Rs. 1,000/- each and, in default of payment of fine, suffer simple imprisonment for three months. For their conviction under Section 411 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to undergo rigorous imprisonment for three years. All the sentences have been directed to run concurrently.

3. The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under:—

(i) Aarti Gupta (since deceased) used to live with her husband, Sanjeev Gupta (PW 18), and two children, namely, Aashi @ Ritu, aged about 3 years, and Sanchit @ Golu, aged about 5 years, at Nala Road, Patna. Sanjeev Gupta (PW 18) had a furniture shop on the ground floor of a building and, in the same building, he used to live with his family on the 3rd floor.

(ii) Accused Upendra Kumar Thakur and accused Mukesh Mahto used to work, in the said furniture shop, as employees of Sanjeev Gupta (PW 18), and whenever Sanjeev Gupta was not at Patna, these employees used to open the shop by bringing a bunch of keys of the furniture shop from Aarti Gupta and, upon closing the shop, the bunch of keys used to be returned to Aarti Gupta. Accused Upendra Kumar Thakur was a Salesman at the furniture shop of Sanjeev Gupta; whereas accused Mukesh Mahto was a man, who used to polish furniture.

(iii) On 16.08.2010, at about 06:30-7:00 PM, when Ashok Kumar (PW 11) happened to pass by the shop of Sanjeev Gupta, he saw accused Upendra Kumar Thakur and accused Mukesh Mahto having alcohol in the furniture shop of Sanjeev Gupta. As Ashok Kumar (PW 11) happened to pass by, the two accused called Ashok Kumar to have drinks with them. After having with them alcohol, Ashok Kumar left the furniture shop. While, however, accused Upendra Kumar Thakur and accused Mukesh Mahto were drinking alcohol with Ashok Kumar (PW 11), they happened to be seen by Nagendra Singh (PW 3).

(iv) On 16.08.2010, at about 07:30 PM, as mentioned above, Nagendra Singh (PW 3) had seen accused, Upendra Kumar Thakur, and accused, Mukesh Mahto, drinking alcohol at the furniture shop of Sanjeev Gupta (PW 18), along with Ashok Kumar (PW 11), a resident of Gaighat. On seeing accused Upendra Kumar Thakur, accused, Mukesh Mahto and Ashok Kumar (PW 11) having alcohol together, Nagendra Singh (PW 3) admonished them and, then, accused Upendra Kumar Thakur and accused Mukesh Mahto told him that they were drinking alcohol only on that very day and that they would not drink there from the next day.

(v) On 16.08.2010, Sanjeev Gupta (PW 18) made several calls to Aarti Gupta (since deceased), but she did not pick up the phone. Worried and apprehensive, Sanjeev Gupta (PW 18), on 16.08.2010, at about 10:00 PM, rang up Nagendra Singh (PW 3) from Delhi that his wife Aarti Gupta (since deceased) had not been receiving/picking up phone and, therefore, to go to his (Sanjeev Gupta’s) house and see what the matter was. As Nagendra Singh (PW 3) came out of his house to go to the house of Sanjeev Gupta (PW 18), he happened to meet Shankar Kumar (PW 4), Ajay Kumar (PW 2), Rahul Kumar (PW 5)