Bhandari, J.

1. Kirjal Singh has been found guilty of the murder of his brother Partap Singh and his brothers son Waryam Singh and been sentenced to death. He has appealed and the sentence of death is also before us for confirmation.

2. It appears that one Sawan Singh died some six years ago leaving behind him a large plot of land and two sons, namely Partap Singh deceased and Kirpal Singh appellant. This land was split into two by a railway track which ran through it from east to west The land which was towards the north of the railway track was irrigated by a well as well as by a canal, whereas the land towards the south appears to have been irrigated by means of the water of the well on the north which came to the land on the south through a siphon which connected the lands on the north and the south underneath the railway track. Another siphon which lies towards the west appears to have carried the canal water from the south so the north. The evidence shows that shortly after the death of Sawan Singh his two sons Partap Singh and Kamail Singh came to an arrangement by which half the land came into the cultivating possession of one brother and the other half in the culti