M. Y. EQBAL, J.

( 1 ) REFERENCE has been made by the 5th Additional Judicial Commissioner, Ranchi under Section 366 of the Code of Criminal Procedure for confirmation of death sentence of the convict Surendra Singh Rautela alias Surendra Singh Bengali, whereas the said convict filed criminal appeal No. 115/2000 (R) for setting aside the judgment and order and another convict Md. Anis filed criminal appeal No. 130/2000 (R) for setting aside the judgment and order passed by the said Court. The appellant-State of Bihar also filed Govt. Appeal No. 17/2000 (R) under Section 377 (3) of the Code of Criminal Procedure for enhancement of punishment of life imprisonment of the convict Md. Anis to death penalty. All these cases have been heard together and are being disposed of by this judgment.

( 2 ) APPELLANT Surendra Singh Rautela alias Surendra Singh Bengali has been convicted for the offence under Section 302 of the Indian Penal Code and also under Section 307 of the Indian Penal Code and is sentenced to Rigorous imprisonment for life and further the said appellant Surendra Singh Bengali is sentenced to be hanged till death for the offence under Section 27 sub-section (3) of t