Judgment

S.P. Kurdukar, J.—Seven persons were done to death during the night intervening between 19th and 20th February, 1981 in the house of Bramha Pal Singh (PW 4) and also caused assault on Km. Mukesh (PW 3). These deceased persons belonged to the family of Bramha Pal Singh (PW 4). The appellant/complainant - Vikram Singh (PW 1), who is the broth­er of Bramha Pal Singh (PW 4) lodged the FIR at Nowana Police Station on 20.2.1981 at about 8.30 a.m. against Samai Pal Singh (A-1), Raj Singh (A-2), Rampal Singh (A-3) and two unidentified persons in re­spect of this crime. These four accused persons were tried for of­fences punishable under Sections 302/34 and 307/34 IPC. The trial Court found them guilty on both counts and awarded death sentence to A-1 to A-4 for an offence punishable under Section 302/34 IPC and for an offence causing injuries to Km. Mukesh (PW 3), each of the accused was sentenced to suffer RI for ten years. The trial Court then made a Reference to the High Court under Section 366 Cr.P.C. The condemned prisoners also filed the appeals to the High Court against the judg­ment and order of the trial Court challenging their convictions and sentences. The Reference and t