Judgment

JAGANNATHA SHETTY, J.:- This appeal by special leave has been preferred against the judgment dated July 31, 1986 of the Rajasthan High Court, Jodhpur Bench in Criminal Appeal No. 208 of 1985 maintaining the conviction and accepting the reference on sentence of death awarded to the appellants under S. 302 read with S. 34 of the Indian Penal Code by the Additional Sessions Judge in SC No. 115 of 1979.

2. In the night between 16-17th of July, 1979, the entire family consisting of father, mother, son and five daughters were done to death when they were fast sleep in their residence in village Birkali. The prosecution story, to put briefly, was that the deceased victim Bhagtu Ram Kumbhhar was the real brother of the accused Shyolal. They were the original residents of village Cigorani district Sirsa in the State of Haryana. Nearly 15 or 20 years ago, both the brothers came to live in village Birkali and they purchased 50 Bighas of agricultural land for cultivation. Both the brothers jointly lived in Birkali for two or three years and thereafter Shyolal returned back to his native village Cigorani. Before leaving village Birkali, he had mortgaged his share in the property in favou