(1.) Rajendra Singh appellant has preferred this appeal against the judgment and order of Sri R.K. Saxena, II AddI. Sessions Judge, Shahjahanpur in S.T. No. A.33 of 1975, State v. Rajendra Singh & Three others, convicting and sentencing him alone under section 307 Indian Penal Code to 31 years R.I.
(2.) The prosecution case is that one Durvijay Singh is the nephew of complainant Lathan Singh (P.W. 2) Smt- Mama Devi is the wife of Durvijay Singh. They live in a house adjoining the house of Lakhan Singh in village Dibiapur, P.S. Kant, District Shahjahanpur.
(3.) Rajendra Singh appellant, Balram Singh and Raghuvir Singh are related to each other and are the residents of village Hathaila situate about 3 or 4 furlongs away- from village Dibiapur. The daughter of Rajendra Singh appellant is married to Sarvesh son of Durvijay Singh.