MALKHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants Malkhan Singh, Ujagar Singh and Narendra Singh have come in appeal against the judgment and order dated 26-2-1979 passed by the II Additional Sessions Judge, Etah, in S.T. No. 258 of 1978-State v. Malkhan Singh and others under Section 302 read with Section 34, I.P.C.

(2.) The case of the prosecution, as was unfolded in the evidence of Munnu Singh PW 1, may briefly be stated as follows.

(3.) One Sardar Singh of village Ubhai P. S. Aliganj district Etah had four sons viz. Tilak Singh, accused Ujagar Singh, accused Malkhan Singh and Natthu Singh. Tilak Singh is the deceased while accused Narendra Singh is the son of accused Malkhan Singh. Munnu Singh PW 1, the first informant, is the son of Natthu Singh. Thus, it is obvious that the first informant, the deceased and the three accused are descendants from Sardar Singh.