( 1 ) THE above three appeals have been preferred against the judgment and order dated 27-10-1999 passed by Sri Indra Bahadur Singh, the learned 3rd Additional Sessions Judge, Varanasi, in Sessions Trial No. 161 of 1996 convicting the appellants Manoj Kumar Gupta and Santosh Kumar under Sections 376 and 302 read with Section 34, I. P. C. and sentencing them to imprisonment for life under Section 376, I. P. C. and to death penalty under Section 302 read with Section 34, I. P. C. and convicting appellants Kanhaiya Lal and Rajesh alias Raju under Section 302 read with Section 34, I. P. C. and sentencing each of them to imprisonment for life. The learned Additional Sessions Judge has also made references for confirmation of death sentence awarded to the appellants Santosh Kumar and Manoj Kumar Gupta.

( 2 ) THE prosecution story, briefly stated, was as under:-jeo Bodh Lal Srivastava (P. W. 1) was residing in mohalla Rampur, P. S. Ramnagar, district Varanasi along with his wife Smt. Shashi Kala (P. W. 2) daughter Km. Anita alias Pinki deceased aged about 14 years, another daughter Km. Aruna (11) and sons Ashwani Kumar, Akhilesh and Ashish. Jeo Bodh Lal (P. W. 1) was se