ASHUTOSH KUMAR, J.:–We have heard Mr. Ajay Kumar Thakur, Mr. Vikramdeo Singh and Mr. Subodh Prasad learned advocates for the appellants in Cr. APP (DB) Nos. 570, 558 and 553 of 2015 respectively. The State has been represented by Ms. Shashi Bala Verma, learned Additional Public Prosecutor in all the appeals.

2. All the appellants have been convicted under Sections 302/120B of the I.P.C. and have been sentenced to undergo rigorous imprisonment for life, fine of Rs. 1,00,000/- each and in default of payment of fine, to further suffer rigorous imprisonment for three years by judgment of conviction dated 22.05.2015 and order of sentence dated 27.05.2015 passed by the learned 6th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 88 of 2013 arising out of Mojahidpur P.S. Case No 16 of 2012 corresponding to G.R. Case No. 328 of 2012.

3. Four persons have been killed in the occurrence namely, Indrakant Mishra, his wife Veena Devi, their son Amarkant Mishra and his wife namely Pooja Mishra. Their dead bodies were found in the house of the deceased Indrakant Mishra. Some villagers informed a local Ward Member namely, Rajiv Ranjan Kumar (P.W.1) that from the house of the deceased persons, blood spots were visible from outside and that something untowards had happened. P.W.1 in his capacity as Ward Member, informed the local police and also visited the house of the deceased persons along with police party, only to find the four dead bodies in the house. The deceased persons were having many incised wounds on their person. It further appears from the records and the deposition of witnesses that one of the members of the police party informed Priyanka Devi and her husband Saurav Kumar who have been examined as P.W.6 and P.W.3 respectively that four persons in the house have been killed. On such information, Priyanka and Saurav informed Kumkum Devi and Pankaj Jalan (P.W.5 and P.W.2 respectively) about the occurrence.

4. Be it noted that Priyanka Devi is the younger daughter of deceased Indrakant Mishra who is wedded to Saurav Kumar. Kumkum Devi is the elder daughter of the deceased Indrakant Mishra who is married to Pankaj Jalan. The P.W.1 had received such information on 06.02.2012 when the daughters and son-in-laws, referred to above, were also informed, but both of them arrived only on 07.02.2012 and came straightway to the postmortem house where the postmortem of the deceased persons was being done. Thereafter, the dead bodies were handed over to the family members viz. the daughters and the son-in-laws, who got the last rites performed and one of the daughters viz. Kumkum Devi lodged the First Information Report.

5. The police after investigation sent up the appellants for trial. One of the other accused persons viz. Lallan Thakur was found to be juvenile at the time of the occurrence and hence his case was sent to the Juvenile Board for determination.

6. The trial court, after having examined seven witnesses on behalf of the prosecution including the Investigating Officer and the Doctor and four witnesses on behalf of the defence, convicted and sentenced the appellants as aforesaid.

7. The learned advocates appearing for the appellants have, in unison, submitted that the trial court has thrown to the winds the accepted cannons of appreciating evidence and has completely misdirected himself in convicting the appellants only on the basis of so called confession of Lallan Thakur whose case was sent to the Juvenile Court and of the two appellants viz. Ranjeet Tanti and Ajay Tanti. It has further been urged on behalf of the appellants that neither is there any eyewitness to the occurrence nor any evidence worth its name to bring home the charge of conspiracy against all the appellants. In fact it has been argued that the police could get no clue in the matter and all the while it was only darting in dark with result that few confessions were extracted and weapon of assault viz. Dabiya was recovered from a pond on the pointing of the juve