Judgment

OZA, J. :- This is an appeal on grant of special leave against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No. 437/86 and Reference No. 4/86 wherein the learned Judges of the High Court maintained the conviction and sentence passed against the appellants by the learned Additional Sessions Judge, Faridkot. The conviction and sentences passed against that appellants are :

CHARGES & SENTENCES :

Darshan Singh u/s. 302 IPC (for the murder of Mukand Singh) Sentenced to death and to pay a fine of Rs. 200/- or in default R.I. for three months.

Pala Singh, Buggar Singh alias Bagga Singh and Roop Singh u/s. 302/34 IPC (for the murder of Mukand Singh) Sentenced to undergo imprisonment for life and to pay a fine of Rs.200/- or in default R.I. for three months each.

Darshan Singh u/s. 302 IPC (for the murder of Harbans Kaur) Sentenced to death and to pay a fine of Rs.200/- or in default to undergo R.I. for three months.

Pala Singh, Buggar Singh alias Bagga Singh and Roop Singh u/s. 302/34 IPC (for the murder of Harbans Kaur) Sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/- or in default R.I. for three months each.

Buggar Singh alias Bagga Singh u/s. 302 IPC (for the murder of Pritam Kaur) Sentenced to death and to pay a fine of Rs. 200/- or in default to undergo R.I. for three months.

Darshan Singh, Pala Singh and Roop Singh u/s. 302/34 IPC (for the murder of Pritam Kaur) Sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/- or in default to undergo R.I. for three months each.

2. Accused Pala Singh and Roop Singh are also convicted as mentioned above but they have not come up before this Court. This appeal has been filed by Darshan Singh and Buggar Singh alias Bagga Singh, therefore, we are concerned with their cases only.

3. The prosecution case at the trial was that on 24th June, 1985 at about 7.30 p.m. Dalip Singh, brother of Pritam Kaur, and his son Sarbjit Singh were present outside the house of Mukand Singh along with Gurnam Singh son of Babu Singh. Mukand Singh was returning to his house. At that time, Darshan Singh and Root) Singh accused armed with a Gandasa each, Pala Singh and Buggar Singh accused armed with Kapa each came on a tractor from the village side. They stopped the tractor near Mukand Singh. All the four accused got down from the tractor. Pala Singh and Roop Singh accused caught hold of Mukand Singh deceased and threw him on the ground. A blow on the neck of Mukand Singh was inflicted by Darshan Singh as a result of which the neck was chopped off except that it remained suspended with the body by skin. Then Harbans Kaur, the daughter of Mukand Singh came out of the house and she was given three gandasa blows on her head by Darshan Singh. It is thereafter that Pritam Kaur, the wife of Mukand Singh came out of the house and Buggar Singh gave kapa blows on her person. As a result, all the three victims died on the spot. Dalip Singh, Sarbjit Singh and Gurnam Singh who had witnessed the incident raised an alarm and also threw brick bats towards the assailants. Thereupon all the appellants made good their escape. It is significant that Mukand Singh had only one daughter Harbans Kaur and had no male issue.

4. The appellant Darshan Singh is the son of Pala Singh whereas Bugger Singh is said to be an agricultural labourer working with Pala Singh and Roop Singh also belonging to the group of appellant.

5. It is alleged by the prosecution that the two brothers had inherited some land from their father and there were disputes about it. Apparently, Pala Singh and Darshan Singh by eradicating the family of his brother Mukand Singh removed one of the successors claiming half share in the property. It was also alleged that as Mukand Singh had no male issue and Harbans Kaur was of marriageable age, it appears from evidence that negotiations for marriage were in the offing, Pala Singh apprehended the entrance of some stranger in the family as son-in-law of Muka