On 22nd September, 1969 the appellant shot to death one Hazuri Singh a resident of his village Purwa Kamal Singh.
The next morning when Hazuri Singh had gone to the house of Sita Ram Pradhan P. w. 2 to tell him about what had happened the previous day, Ranjit Singh brother of Sita Ram and another person were sitting there.
He escaped and on companying to hear of it his unless Cyan Singh and Suraj Singh attacked the appellant the next day and caused him simple injuries.
He claimed that he had deposited his gun with an arms dealer in Etawah even on the 21st and the whole case against him had been engineered by his enemies.
On 21st September, 1969 the appellant along with his brother went to the house of the grandfather of Collector Singh and started abusing Gyan Singh and others in front of the house of Hazuri Singh.
The appellant companyplained against these two persons and two others.
At that time the appellant, came there with a gun, while his brother had a lathi.
And thereafter both of them ran away.
The appellant then reloaded his gun and fired again, this time at Ranjit Singh.
The appellants brother.
The appellants case was one of companyplete denial.
When Hazuri Singh asked the appellant and his brother number to indulge in abuses in front of his house, the appellant told him that he would deal with him later.
It appears that a few days earlier the appellant had dragged a boy, Collector Singh to a field for the purpose of companymitting sodomy on him.
Radhey Shyam, challenged Hazuri Singh and the appellant fired at Hazuri Singh who fell down and died.
Alagiriswami, J. This is an appeal by special leave against the judgment of the High Court of Allahabad companyfirming the companyviction of the appellant and sentence of death passed on him by the learned Additional Sessions Judge of Etawah under Sections 302 and 307, I.P.C. The appellant and his brother Radhey Shyam had been tried together.
