Judgment

KHANNA, J.:- Bhajan Singh (60), his wife Charan Kaur (40), their son Surjit Singh (20) and daughter Jito (16) were convicted by the learned Sessions Judge, Amritsar for offences under Section 302 and Section 302 read with Section 34 Indian Penal Code on charges on triple murder of Harbans Singh (50), Bachan Singh (40) and Ishar Singh (12). Bhajan Singh and Surjit Singh were sentenced to death while Charan Kaur and Jito were sentenced to undergo imprisonment for life. Conviction was also recorded against the four accused under Section 201 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year on that count. On appeal and reference, the Punjab and Haryana High Court acquitted all the four accused. The State of Punjab thereafter came up in appeal to this Court by special leave.

2. Harbans Singh and Bachan Singh deceased were brothers of Bhajan Singh accused. Ishar Singh deceased was the son of Hari Singh, a third brother of Bhajan Singh. Hari Singh died a few years before the present occurrence in Bihar. Harbans Singh and Bachan Singh were issueless. Bhajan Singh and his three brothers, Harbans Singh, Bachan Singh and Hari Sin