JUDGMENT

Markandey Katju, J.—This appeal has been filed against the impugned judgment of the Punjab & Haryana High Court dated 1.7.2005 by which the death sentence awarded to the accused Major Singh and Baldeo Singh under Section 302/201 IPC has been upheld.

2. Heard learned counsel for the parties and perused the record.

3. The facts as narrated in the record of the case are that the sister of the appellants Major Singh and Baldev Singh, Sukhwinder Kaur had been married to the deceased Kashmir Singh about 12 years prior to the date of the incident. Sukhwinder Kaur died after two years of marriage with Kashmir Singh, and the accused had the suspension that Kashmir Singh had murdered Sukhwinder Kaur. It is alleged that this was the motive for which the accused murdered Kashmir Singh in the incident in question.

4. On 24.1.1999, Kashmir Singh was returning on a bi-cycle to his house after delivering the milk in the milk dairy and Lakhbir Singh PW4 was sitting on the carrier holding a small container meant for milk in his hand. At about 7.30 p.m. they reached near the transformer of the village and there in the light of the electric bulb which was on they found Major Singh armed with a `K