V.N. SINHA, J.:–Instant death reference and the seven analogous appeals arise out of judgment of conviction, order of sentence dated 05/ 24.06.2014, passed by Ad hoc Additional District and Sessions Judge-I, Patna, in Sessions Trial No. 523/04 & S.T. No. 918/04, arising out of Gardanibagh (Shastri Nagar) P.S. Case No. 868/02 dated 29.12.2002, which was transferred to C.B.I. whereafter the case was renumbered as R.C No.5(S) of 2003 whereunder Accused No. 1 Shamshey Alam appellant in Criminal Appeal (DB) No. 650 of 2014 has been convicted for the offences under Sections 302, 148, 342 and 201 of the Penal Code and Section 27 of the Arms Act, sentenced to suffer capital punishment, Rigorous Imprisonment for 3, 1, 7 years with further direction to pay fine of Rs. 10,000/- each to the family of the three deceased under Sections 302, 148, 342, 201 of the Penal Code respectively, in default of payment of fine to further undergo rigorous imprisonment for three months. The sentences have been directed to run concurrently. No separate sentence, however, has been awarded under Section 27 of the Arms Act.

Accused No.2 Arun Kumar Singh, appellant in Criminal Appeal (DB) No. 680 of 2014 has been c

Click Here to Read the rest of this document