JUDGMENT

SARKARIA, J.

( 1 ) 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. By constructing that ridge, he divided the field into two equal portions. On the following day at about 10 a. m. Hanuman Singh and his son Raghupal Singh, and Anangpal Singh the three victims started demolishing that ridge (Mend ). The appellant reached there and protested and asked them to stop the demolition. Raghupal Singh roughly told the appellant to be off. This incensed the appellant who proclaimed that the consequences of the demolition would not be good for them. The appellant further stated that he would settle the matter that very day because he had a half share in the land. Hanuman Singh and his brothers, however, completed the demolition by about noon. The father returned home at about mid day. Anangpal Singh and Raghupal Singh also, on receiving some information that the appellant had procured the gun from his maternal uncle Dhanpal Singh, quickly went home. At about 1 p. m. , Raghupal Singh after taking his bath, was spreading his Dhoti in the sun; while his father, Hanuman Singh - was taking his meals in a Kothari to the west of his Court-yard. The prosecution story further is that when all these deceased persons were inside their house, the appellant who lived in a separate apartment of the same building through the Jhankia of an Attari (watch tower) on the party (Partition?) wall of the houses fired a shot which hit Raghupal Singh and dropped him dead. Smt. Balraj Kunwar came out of the kitchen and shouted to Gopal Singh not to fire. Gopal Singh fired another shot killing her at the spot. At this moment, Anangpal Singh brought out his licensed gun, but in the meantime Hanuman Singh came near the bodies of Raghupal Singh and Smt. Balraj Kunwar, asking Gopal Singh not to fire any more. But, another shot fired by Gopal Singh dropped Hanuman Singh dead. Tunnu Singh, younger brother of Anangpal Singh also came out to implore the appellant not to fire. He was also shot dead. Smt. Sheo Devi and Smt. Deoraji also came out of their rooms to implore the appellant not to fire any more, but Gopal Singh fired again causing gun shot injuries to these women also. In all, 12 shots were fired by the appellant through the Jhankia of the watch-tower into the house of the deceased persons. Anangpal Singh also ineffectively fired his gun towards Gopal Singh. In order to intercept Gopal Singh, Anangpal Singh came out. The appellant fired at him causing gun shot wounds and then decamped. Anangpal Singh scribed the report about the occurrence in his own hand and handed it over to Lallu Singh, a relation, who had come as a guest. Lallu Singh handed over that report in Police Station, Bara 9 miles away, where on its basis a case was registered at 5. 30 p. m. The Investigating Officer reached the scene of murders at 10. 45 p. m. and he prepar