JUDGMENT

K.G. Balakrishnan, J.-The appellants Gurdev Singh and Satnam Singh were tried by the Addl. Sessions Judge, Amritsar, and found guilty of offence punishable under Section 302 read with Section 149 IPC and other allied offences. As per the prosecution case, these appellants, along with three others had caused the death of 17 persons. The Addl. Sessions Judge held that the prosecution proved beyond reasonable doubt that these appellants were members of an unlawful assembly which accomplished its common object of causing death of 15 persons. These appellants were convicted and sentenced to death. They preferred an appeal before the High Court of Punjab and Haryana and the matter was also referred to the High Court for confirmation of the death sentence. The High Court affirmed the death sentence in respect of these appellants. These appellants challenge the judgment of the High Court.

2. Though the incident occurred on 21.11.1991, these appellants were absconding and could be apprehended only on 26.8.1996 whereas the other three accused, namely, Piara Singh, Sarabjit Singh (Appellants in Criminal Appeal No. 393 of 2002) and Jasvinder Singh were tried by Sessions Judge, Amritsar,