(1.) Appellants -Jaibir, Rajbir and Sube have filed this appeal against the judgment dated 3 -4 -1978 passed by the Sessions Judge, Ghaziabad convicting them for the offence under Sec. 302 read with Sec. 34 IPC and sentencing each of them to imprisonment for life.
(2.) Deceased Bhopal was cousin brother of informant Ranpal Singh PW 1. Appellants Jaibir and Rajbir are own brothers, being sons of Udai Singh. Appellants Sube is cousin brother of Appellant Jaibir and Rajbir. Besides these three Appellants, there were two other persons viz. Aman Singh and Jagdish, who were accused in this case but they were acquitted by the trial Court. Aman Singh was the uncle of Appellants Jaibir, Rajbir and Sube while Jagdish was said to be their friend.
(3.) Randhir alias Pathan was the own brother of Appellant Sube. It is said that about 3 years prior to the present incident, Randhir alias Pathan had come to the Gher of Bhopal deceased and had fired at him with intent to murder. However, Bhopal Singh escaped and in self -defence he fired at Randhir alias Pathan and succeeded in killing him in his own Gher. A final report had been submitted in the above matter. It is said that from that very day, Randhir's brother Sube and others were on the look out for murdering Bhopal Singh.