N.B. Asthana, J. - (1.) This appeal has been directed against the judgement and order dated 28.5.1979 passed by the then 3rd Additional Sessions Judge, Etawah in sessions trial no. 307 of 1978 convicting the appellant Nathu Singh under Section 302 Indian Penal Code and sentencing him to life imprisonment and further convicting all the three appellants under sections 307/34 Indian Penal Code and sentencing each of them to undergo six years R.I. The sentences passed upon Nathu Singh were ordered to run concurrently. Appellants Ram Singh and Pokhan Singh were not found guilty of the offence punishable under Section 302/34 Indian Penal Code and were acquitted of the same.
(2.) The charges against them were that on 7.5.1978 at about 7 p.m. in front of the house of Chhotey Singh complainant in village Khera Ajab Singh, P.S. Barhpura, Etawah in furtherance of their common intention they committed the murder of Shiv Bir Singh and caused injuries to Chhotey Singh, Soma Singh, Lal Singh, Bhai Lal and Parashu Ram Singh with such intention, knowledge and under such circumstances that if by that act they had caused the death of any of them they would have been guilty of murder.
(3.) Shyam Singh had two sons namely Bhurey Singh and Naksey Singh, Bhurey Singh had one son namely DW.1 Lal Singh who was injured in this incident. Shiv Bir Singh who was killed in this incident is the only son of lal Singh. Naksey Singh had four sons namely Faujdar Singh, Narain Singh, Dal Singh and Ban Singh. The first informant PW.2 Chhotey Singh is the son of Dal Singh. Nath Singh and Ram Singh appellants are the grand sons of Faujdar Singh. Pokhan Singh appellant is the son of Faujdar Singh. Bhurey Singh is father of Ram Singh and Nathu Singh.;