Harnam Singh, J.

1. This order disposes of Murder Reference No. 7 of 1950 and Criminal Appeal No. 36 of 1950.

2. Nikka Singh, Mit Singh and Nihal Singh were tried under Sections 148, 302/149, 395/397/149, 307/149 and 436/149 of the Indian Penal Code, hereinafter referred to as the code. By order dated the 13th of January, 1950, the trial Court has convicted Nikka Singh appellant under Section 302 read with Section 149 of the Code for causing the deaths of Maghar Singh, Mussamat Dani, Nachhitar Singh, Mehar Singh and the infant child of Zora Singh and sentenced him to death subject to the confirmation of the sentence of death by the High Court. The trial Court has then convicted Nikka Singh appellant under Sections 148, 395/397/149, 307/149 and 436/149 of the Code and sentenced him to rigorous imprisonment for two years, seven years, ten years and five years respectively. Giving the benefit of doubt to Nihal Singh and Mit Singh the trial Court has acquitted them.

3. In convicting Nikka Singh the trial Court has ordered the sentences of imprisonment to run consecutively if the sentence of death passed on Nikka Singh appellant is not confirmed by the High Court.

4. Briefly sum