JUDGMENT

Brijesh Kumar, J.-This appeal has been preferred by the State of Punjab against the judgment and order passed by the Punjab High Court, declining to accept the reference for confirmation of death sentence, as awarded against the respondent-Gurmej Singh by the Court of Sessions. The appeal, preferred by the accused Gurmej Singh against his conviction, was however, dismissed upholding his conviction. The sentence, thus was commuted from one of death to imprisonment for life. The question, therefore, is confined to the award of the sentence whether it may be maintained as imprisonment for life or the respondent be sentenced to death as ordered by the Trial Court.

2. Briefly, the facts of the case are that the accused respondent-Gurmej Singh is brother of the deceased Jagjit Singh. It is said that while in Dubai, Gurmej Singh had been sending money to his brother Jagjit Singh. Gurmej Singh had also been running business of dairy farming in the village and used to give his land on contract basis. Jagjit Singh has been living in the village.

3. The prosecution case about the occurrence is that on November 1, 1993, at about 11.00 p.m. Gurmej Singh assaulted his brother Jagjit Si