( 1 ) THIS is an appeal by Om Prakash, son of Bahori Singh, resident of village Kantaur, P. S. Marehra, district Etah. The appellant has been convicted under Section 302, I. P. G. by the learned Sessions Judge, Etah, and sentenced to death. The reference for the confirmation of the death sentence is also before us.

( 2 ) THE appellant was charged answer Section 302, read with Section 34, I. P. C. , along with two other persons, namely, Lakhansingh and Babusingh for having committed the murder of one sarnamsingh on 19-6-1054, at about 7 p. m. in village Kantaur, Babusingh and Lakhansingh were acquitted by the trial Court. The appellant, was, however, found guilty. He was convicted under section 302, I. P. C. , and sentenced as above.

( 3 ) THE appellant Om Prakash and the deceased Sarnamsingh were relations having descended from a common ancestor. The grand-father of the deceased Sarnamsingh was one Motisingh. Bahorisingh, the father of the appellant Om Prakash, was the grandson of Zorawar Singh, the brother of Motisingh. Chandrapalsingh, who is a prosecution witness in the case, is the son of thakur Das, a brother of Bahorisingh, and is the first cousin of the appellant Om