Judgment

U.S. Tripathi, J.— This appeal has been directed against the judgment and order dated 13.11.1981 passed by V Additional Sessions Judge, Etawah in Sessions Trial No. 262 of 1981 convic-ting the appellants Man Singh, Virendra Bahadur Singh and Surendra Bahadur Singh under Section 302 IPC and sen-tencing them to undgergo imprisonment for life.

2. Appellants Virendra Bahadur Singh and Surendra Bahadur Singh are real brothers and residents of village Karwawatu. Appellant Man Singh is resident of village Turikpar. Nazim @ Phakkari deceased, his father Bhajan (P.W.1) and wife Smt. Tar Chand (P.W.2) were also residents of village Karwa-watu, P.S. Auriaya, District Etawah. Prior to occurrence of this case, cousin brother of appellant Virendra Bahadur Singh was murdered and Nazim decea-sed was an accused in the said case. However, the above case ended in acquittal. On account of it there was enmity between the parties.

3. Nazim deceased was carrying a cycle repair shop near culvert of Dudhiyakhera canal in village Kar-wawatu, at a distance of about 2 km. from kasba Auraiya. On the morning of 6.3.1981 at about 10 a.m Nazim @ Phakkari deceased was present at his above cycle repair sho