Judgment

HIDAYATULLAH, C.J.I. : This judgment will govern the disposal of Criminal Appeals Nos. 114 and 115 of 1969. They have been filed by special leave granted by this Court. Criminal Appeal No. 114 of 1969 has been filed by the State of Rajasthan against the acquittal of Kartar Singh and Criminal Appeal No. 115 of 1969 has been filed by Gurjant Singh, son of Kartar Singh who has been convicted under Section 302, I. P. C. and sentenced to death. Previously the Sessions Judge, Ganganagar had convicted Kartar Singh also under Section 302/34, I. P. C. and sentenced him to death. Both Kartar Singh and Gurjant Singh were also convicted for some minor offences and sentenced to diverse periods of imprisonment but we are not concerned with them here, though the conviction and sentences of Gurjant Singh on the minor offences were confirmed but Kartar Singh was acquitted.

2. The case arises from an incident which took place on the night between the 8th and 9th February, 1967 at 11p.m.at Mauza Ramsara in District Ganganagar. It involved the murder of no less than 7 persons and injuries to two others. The murdered persons were Kartar Singh s father Dayal Singh, Kartar Singh s step-mother Phin