Judgment

UNTWALIA, J.:- This is an appeal by special leave from the judgment of the Punjab & Haryana High Court confirming the death sentence imposed upon each of the three appellants under Section 302 read with Section 34 of the Penal Code for the murder of five persons belonging to one family. Because of the family disputes and rivalry, a serious occurrence took place at about sunset time on the 2nd of December, 1975 resulting in the death of five members of the same family. The appellants are also very close agnatic relations of the deceased.

2. Jetha Singh, Teja Singh and Veer Singh were brothers. Jetha Singh was unmarried and used to live with Teja Singh. The three brothers had divided their properties at a private partition. Appellant Dalip Singh and Kundan Singh are sons of Veer Singh who is dead. Appellant Balvinder Singh and his brother Baldev Singh (since acquitted) are the sons of appellant Dalip Singh. Tejas wife was Pal Kaur. They had three sons and a daughter, their names being Ram Singh, Sucha Singh, Anup Singh and Darsho. A few months before the occurrence, Jetha Singh raised a sum of Rs. 3,000/- at the instance of his brother Teja Singh mortgaging four Kanals of his