Judgment

FAZAL ALI, J.

( 1 ) IN this appeal by special leave, three of the appellants, namely, Nirpal Singh, Gurdev Singh and Jagmohan Singh have been convicted under Section 302, Indian Penal Code and sentenced to death. Appellants Devinder Singh and Maha Singh have also been convicted under Section 302, Indian Penal Code but they have been sentenced to imprisonment for life. The Sessions Judge who tried the case made a reference to the High Court which was heard along with the appeal filed by the appellants, and the High Court after considering the judgment of the Sessions Judge and hearing the parties upheld the convictions as also the sentences passed on the appellants and dismissed the appeal. The High Court thereafter refused to grant leave to appeal to Supreme Court against its decision and the appellants have, therefore, come up to this Court after obtaining special leave from this Court.

( 2 ) THIS is a most unfortunate case where the appellants are alleged to have run amuck and started killing as many as five persons, some of them with their guns. They did not leave the spot until the five deceased had been killed. There was of course some background of enmity but the pros