JUDGMENT

Nanavati, J.-These two appeals arise out of the common judgment of the High Court of Delhi in Criminal Appeals Nos. 116/84 and 131/84. Criminal Appeal No. 116/84 was filed by convicted accused Lala Ram and Om Prakash. Criminal Appeal No. 131/84 was filed by accused Thakur Singh. The three accused were tried and convicted for the offence of murder, by the Court of Additional Sessions Judge in Sessions Case No. 52/82.

2. The prosecution case was that a few days prior to the date of the incident, wherein Padam Singh lost his life, a quarrel had taken place between Padam Singh and the accused. But the father and brother of Padam Singh intervened and pacified them. On 19.2.1982 at about 4.15 p.m. when Padam Singh was passing through Gali No. 4, the three accused caught him and told him that he was saved earlier by his father and brother but they would not leave him on that day. Om Pra­kash held Padam Singh from behind and the other two accused, namely, Thakur Singh and Lala Ram inflicted injuries on the front and back of Padam Singh with daggers. Babu Ram, father of Padam Singh, who was following Padam Singh, saw this incident and raised cries for saving his