Judgment

SARKARIA, J.:- This is an appeal under Article 136 of the Constitution by Gopal Singh against a Judgment of the High Court of Allahabad by which appellant was convicted under Sec. 302, Penal Code, for the murders of four persons, and sentenced to death.

2. The following pedigree table will be helpful in understanding the facts relating to this case:

3. Dhanpal Singh, co-accused, the maternal uncle of Gopal Singh who was charged under Section 120-B read with Section 302, Penal code, has been acquitted by the High Court.

4. There was a dispute between the appellant and the descendants of the other branch relating to ancestral property, including some land left by Beni Madho Singh, husband of Smt. Balraj Kunwar, who was one of the victims in the instant case. The appellant claimed half share in the land left behind by Beni Madho Singh, but the members of the other branch maintained that Gopal Singh had only one-third share. Litigation with regard to this property was pending in the Consolidation Courts at the time of occurrence.

5. One day before the occurrence, Gopal Singh constructed a ridge (Mend) in one of the fields admeasuring 3 1/2 bighas belonging to Smt. Balraj Kunwar.