JUDGMENT

B.P. Singh, J.-The State of Punjab has preferred this appeal by special leave against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 24th September, 1996 in Criminal Appeal No. 627-DB of 1995 and Murder Reference No. 7 of 1995 whereby the High Court while allowing the appeal of the respondents herein acquitted them of the charges under Sections 148, 302, 302/34 IPC. Accordingly the High Court set aside the judgment of the Additional Sessions Judge, Bhatinda, who by his judgment and order dated 13th November, 1995 in Sessions Case No. 54 of 14.12.1190 had found the respondents guilty of offences under Sections 302 and 302/34 IPC and sentenced them to death. Three other accused persons who were tried alongwith the respondents herein were, however, acquitted by the trial court.

2. The occurrence giving rise to the instant appeal occurred on the night intervening 26th and 27th July, 1990. The case of the prosecution is that in the said occurrence five persons were murdered by the respondents and their three accomplices, since acquitted. We may notice at the threshold that all the respondents herein are brothers. Of the three accused acquitted