Judgment

DUA, J.: Raghubir Singh, appellant in this appeal by special leave, was one of the three persons jointly tried by the Sessions Judge, Etah (U. P.) and convicted for the offence of murder of one Brijendra Singh alleged to have been committed on November 15, 1968. He was sentenced to death under S. 302, I. P. C, whereas his two co-accused were sentenced to imprisonment for life under S. 302 read with S. 34, I. P. C. On appeals by the three convicts the High Court acquitted Tejpal and Kundan Singh who are first cousins. Conviction and sentence of the present appellant who is the real brother of Tejpal was confirmed and his appeal dismissed. In this Court the challenge is directed against his conviction and sentence and Shri Nuruddin Ahmed appellant s learned counsel has addressed elaborate arguments in support at his challenge.

2. According to the prosecution story about 8 or 9 years before the alleged murder in question a burglary had taken place at the appellant s house and he had suspected Brijendra Pal Singh, deceased, as a culprit. Indeed, the appellant and his brother even resorted to some violence against the deceased. They were all residents of village Nagwai. After a l