Judgment

HEGDE, J. :- The appellant with his father Tara singh and brother Ram Singh were tried before the Sessions Judge, Amritsar for the murder of Mangal Singh, one of the sons of Tara Singh, on or about the 13th day of June 1968 in village Sohian Kalan. Tara Singh was acquitted by the trial Court but Ram Singh and the appellant were convicted under Section 302, I. P. C. and sentenced to death by that Court. In appeal the High Court of Punjab and Haryana gave the benefit of doubt to Ram Singh and acquitted him but the appellant s conviction and the sentence imposed on him were confirmed. Hence this appeal by special leave.

2. Tara Singh had five sons namely - Ram Singh, Bakhshish Singh (the appellant), Harbans Singh, Nahad Singh and Mangal Singh (the deceased). It appears that the deceased left his native place and went to Shillong about 12 or 13 years prior to the occurrence and remained in Shillong till about a month prior to the occurrence, when he returned to his native place. After he came back from Shillong he was insisting that he should be given his share in the ancestral property. This was opposed by Tara Singh and Ram Singh. About, four days prior to June 12, 1968, the