SOBRAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, by special leave, is directed against the order and judgment passed by the High court of Allahabad confirming the order of conviction and sentence of death passed against the appellant under S. 302 of the Penal Code by the Sessions Judge, Etah.

(2.) Seven persons, Sobran Singh Lodha, Lal Sahai, Gorey Lal, Megh nath, Banwari, Chandi Lal and the appellant were put up for trial before the session Judge, Etah, for the murder of one Roop Lal. The first six of these accused persons were related to each other and were at the material time residing in the village, Amrauli. Deceased, Roop Lal was also residing in the same village along with his brothers, Dallo, and Roshan. There was hostility between the deceased and his brothers on the one hand and the said first six accused.

(3.) The prosecution case was that at about 9 a. m. on 17/08/1967, when Roop Lal was sitting on the Chaupal of one Sri Kishan, the seven accused, of whom the said Sobran Lodha, Megh Nath, Chandi Lal and the appellant were armed with guns, went to where the deceased was sittingand fired their guns at him as a result of which Roop Lal fell injured. Roop Lal died soon after he was removed to the hospital at Aligunj.