Judgment :-

K.S. Radhakrishnan, J.

1. This criminal appeal arises out of the judgment dated 22.9.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 890-DB of 2005 and Murder Reference No. 10 of 2005. The High Court dismissed the appeal of the accused persons and also reference was confirmed.

2. The appellants, along with two others, were tried for an offence under Section 302 read with Section 34 IPC for murder of one Kulwant Singh, his two sons – Gurwinder Singh and Davinder Singh and his wife – Sarabjit Kaur on 21.8.2000 at about 1.30 am and were convicted for murder and awarded death sentence.

3. The prosecution case, briefly stated, is as follows:

BalwantSingh and Jaswant Singh are two sons of Sharam Singh (PW 1). Both Balwant Singh and Jaswant Singh died prior to the date of the incident on 21.8.2000. Sharam Singh’s third son Kulwant Singh had two sons – Gurwinder Singh and Davinder Singh. Sarabjit Kaur was his wife. PW1 (Sharam Singh) had 8 acres of land at Village Bhittewad, District Amritsar, which was mutated in his name. In the family partition, that 8 acres of land was divided into four shares, i.e. PW1 gave 2 acres of land each to his sons and wife an