R.K. Shukla, J.

1. CRIMINAL Appeal No. 3027 of 1985 filed by Shyam Lal and his son Raj Karan appellants and 'CRIMINAL Reference No. 6 of 1985 arises out of the same Judgment and order dated 24-10-85 passed by the learned Additional Sessions Judge Fatehpur whereby he has convicted both the appellants u/Sec. 302/34 IPC for committing murders of Uma Shanker, Smt. Siyakanti and Pappu and sentenced Shyam Lal appellant to death on each of three counts and Raj Karan appellant to imprisonment for life on each count.

2. BOTH the appellants have been further convicted u/Sec. 307/34 IPC for attempting to commit the murder of Km. Suman Lata Misra PW 2 and each of them is sentenced to undergo R. 1. for 10 years. The sentences of Raj Karan appellant were ordered to run concurrently. The aforesaid reference was made by the Additional Sessions Judge, Fatehpur to this court u/Sec. 366 CrPC for confirmation of the death sentence on each counts passed against Shyam Lal, appellant. Both the appellants and three deceased, namely, Uma Shanker, his wife Smt. Siya Kanti, his son Pappu, aged about 3 years and his injured daughter, Km. Suman Lata PW 2 belonged to one Brahmin family of Qasba and P. S.