JUDGMENT :

Biswajit Mohanty, J.

1. Since both the Death Reference and Jail Criminal Appeal arise out of the judgment of conviction dated 21.11.2015 and order of sentence dated 23.11.2015 passed by the learned Addl. Sessions Judge, Champua in S.T. Case No.9 of 2013, these were heard together and are disposed of by this common judgment.

2. By the impugned judgment and order, all the four convicts have been sentenced to capital punishment under Sections 302/34 IPC. Further, all of them have been sentenced to imprisonment for life under Section 376(2)(g) of I.P.C. They have also been sentenced to undergo R.I. for five years under Sections 201/34 IPC. The learned trial court has made it clear that both the sentences under Sections 376 (2) (g)/201/34 IPC are to run concurrently. No sentence exists with regard to payment of any fine. The reference made by the learned trial court under Section 366 of Cr.P.C. for confirmation of death sentence has been registered as DSREF No.3 of 2015 and the appeal preferred by all the four convicts has been registered as Jail Criminal Appeal No.70 of 2015.

3. The case of the prosecution in brief is that on 1.8.2012 the deceased girl, namely, Bindhia Mahakud a