Judgment

FAZAL ALI, J. :- The appellant, Lok Pal Singh, has been convicted by the High Court under Section 302/34, I.P.C. for murder of six persons which took place on 25th September, 1981 at about 2.00 a.m. The facts of the case have been narrated in the judgment of the High Court and Sessions Court and it is not necessary for us to repeat the same.

2. It appears that according to the prosecution case the accused inspired by unholy spirit of revenge and retaliation entered the house of the deceased persons at 2.00 a. m. on 25-9-1981 and killed as many as six persons in the house and one in the field. This was a most cruel and heinous murder and once the offence is proved then there can be no other sentence except the death sentence that can be imposed.

3. The Sessions Judge acquitted all the accused except Lok Pal Singh and Charli Raja but the High Court while maintaining the conviction and sentence of Lok Pal Singh, set aside the conviction and sentence of Charli Raja. The High Court was not satisfied about the complicity of Charli Raja in the occurrence but there is overwhelming evidence so far as Lok Pal Singh is concerned, inasmuch as he has been identified by P.Ws. 2, 3 and 6 by