JAIBIR Vs. STATE OF U P

JUDGEMENT

(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 Section 302 read with section 34, I.P.C. and sentencing each of them to imprisonment foe life.

(2.) Deceased Bhopal was cousin brother (If informant Ranpal Singh (P.W. 1). Appellants Jaibir and Rajbir are own brothers, being sons of Udai Singh. Appellant Sube is cousin brother of appellant Jabir and Rajbir. Besides these three appellants, three 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 bred 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.