JUDGMENT

G.N. Ray, J.-Leave granted.

2. The appellant Surja Ram was convicted by the learned Additional Sessions Judge, Hanumangarh in Sessions Trial No. 28 of 1991 for the offence under Section 302 IPC for murdering his real brother Raji Ram, Raji Ram s two sons Naresh and Ramesh and Niko Bai their Bua, and for an offence under Section 307 IPC for attempting to murder Sudesh, the daughter of Raji Ram and Phoola Devi the wife of Raji Ram and also for offence under Section 450 IPC for committing house trespass in order to commit offence punishable with imprisonment for life. The learned Additional Sessions Judge awarded death sentence against the said accused Surja Ram for the offence of murder. He was sentenced to suffer imprisonment for life and a fine of Rs. 2,000/-, in default of payment of fine, further rigorous imprisonment for three months for the offence under Section 307 IPC and he was also sentenced to suffer rigorous imprisonment for ten years and fine of Rs. 1,000/-, in default of payment of fine, to suffer further rigorous imprisonment for one month for the offence under Section 450 IPC.

3. Against such convictions and sentences, the accused Surja Ram preferred D.B. Crimin