Judgment

DUA, J.: In this appeal by special leave under Art. 136 of the Constitution. appellant Raj Singh son of Bhikan. challenges inter alia his conviction and sentence of death under sec. 302 I. P.C for the double murder of Mohanlal and Bindraba, sons of Ramrakha. The appellant was tried in the Court of Sessions Judge, Ambala along with his two brothers Ram Gopal and Jaipal alias Jai Gopal for this double murder under S. 302 read with S. 34. I. P. C. and under Ss. 307/34, I. P. C. for having fired gun shots at Mehru. Govindram, Bodhraj and Ran Singh. The appellant was further charged under S. 27 of the Indian Arms Act for having used his licened double barrel gun for illegal purposes. The trial court convicted all the three brothers under Ss. 302/34, I. P. C. but sentenced the appellant Raj Singh to the extreme penalty of death. His two brothers were given the lesser sentence of imprisonment for life because they were not proved to have themselves caused any injury resulting in the murders though they were held to have associated themselves in the commission of the crime. They were also sentenced to a fine of Rs. 500/- for this offence. Under Ss. 307/34 also all the three brother