(1.) This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the conviction 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. Radhey Shyam under Sections 302 ad 307 read with Section 34 of the I.P.C. Radhey Shyam's appeal was allowed and he was acquitted.
(2.) On 22nd September, 1969 the appellant shot to death one Hazuri Singh a resident of his village Purwa Kamal Singh. It appears that a few days earlier the appellant had dragged a boy, Collector Singh to a field for the purpose of committing sodomy on him. He escaped and on coming to hear of it his unless Gyan Singh and Suraj Singh attacked the appellant the next day and caused him simple injuries. The appellant complained against these two persons and two others. 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. When Hazuri Singh asked the appellant and his brother not to indulge in abuses in front of his house, the appellant told him that he would deal with him later. 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. At that time the appellant, came there with a gun, while his brother had a lathi. The appellant's brother Radhey Shyam, challenged Hazuri Singh and the appellant fired at Hazuri Singh who fell down and died. The appellant then reloaded his gun and fired again. this time at Ranjit Sing. And thereafter both of them ran away.
(3.) The appellant's case (supra) was one of complete denial. 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. We have carefully gone through the evidence and the judgment of the learned Sessions Judge as well as the High Court, and are of the opinion that there is no substance in the appellant's case (supra). It was argued before us that the F.I.R. did not mention about Collector Singh. But the beating itself is mentioned there. The fact that the appellant was beaten by Gyan Singh. Suraj Singh and others is clear from the report which the appellant himself made to the police. It is not surprising that the close relatives of Collector Singh did not like to mention about the unsavory episode regarding Collector Singh and the fact that this incident was not mentioned or that Collector Singh has not been examined does not in any way detract from the prosecution case regarding the motive for the offence. The motive has been spoken to by the brother of the deceased, Lakhan Singh (P. W. 1) Gyan Singh (P. W. 5) and Ajudhi (P. W. 6).