judgment

Harjit Singh Bedi, J. —

1.Ujjagar Singh, the appellant herein, a resident of village Bangawali, Tehsil Malerkotla, was tried and convicted by the Additional Sessions Judge, Sangrur for the murder of his niece Mukhtiar Kaur and was awarded the death penalty. In addition, he was convicted for an offence punishable under section 376 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs.5, 000/- and in default of payment to undergo further R.I. for one year and under section 309 of the IPC to a sentence of simple imprisonment for one year. The aforesaid convictions and sentences have been maintained by the High Court and the matter is before us in these proceedings by way of special leave. The facts of the case are as under:-

2.At about 2.00 p.m. on 10th November 2002 a boy whose identity is not forthcoming, informed Satnam Singh PW2 that an incident of firing had taken place in the house of Ujjagar Singh situated in the fields on the outskirts of the village. Satnam Singh conveyed this information to Sarpanch Jora Singh PW1 who was attending a marriage at that time. Jora Singh accompanied by Gurdeep Singh PW3 thereupon rushed to Ujjagar Si