JUDGMENT

Faizan Uddin, J. - The judgment delivered in this appeal will also govern the disposal of Criminal Appeal No. 368/92 which is an appeal preferred through Jail Superintendent by the same convicts against the same judgment which is under challenge in Criminal Appeal No. 367/92.

2. The appellant No. 2 and 3, namely, Mulo Marik and Bansi Marik are sons of appellant No.1, Arjun Marik. The three appellants were charged and tried for murders of Sitaram, his wife Smt Kamakhya Devi and their grand-daughter Sugwa Kumari in their house situated at Chaitanya Nath, Jajware Path, Deoghar within the jurisdiction Of Police Station Deoghar (State of Bihar), in the intervening night of 19th and 20th July, 1985. It was alleged that the appellants after committing murders of three persons named above committed the robbery of the ornaments, cash and other belongings of the deceased which during the course of investigation were seized from their possession from their house on 20th July, 1985. The appellants were, therefore, charged and tried under Sections 302, 394 and 411 of the Penal Code. Learned Additional Sessions Judge, Deoghar convicted the three appellants under Section 302 of the Penal