Judgment

CHANDRACHUD J.:- This appeal by special leave is directed against a judgment of the High Court of Delhi confirming the conviction of the appellant under Section 302 of the Penal Code but reducing the sentence of death imposed on him by the learned Additional Sessions Judge, Delhi to life imprisonment. The charge against the appellant is that on the night between 17th and 18th August, 1968 he committed the murder of one Ram Kumar.

2. On April 11, 1968 Ram Kumar, his brother Shiv Kumar, their mother and the appellant left Kanpur for Moradnagar. On April 15 Ram Kumar, Shiv Kumar and the appellant left Moradnagar for Delhi for purchasing a second had motor-cycle. Shiv Kumar went back to Moradnagar for catching a bus to Kanpur.

3. At about 7-15 p.m. on April 15, 1968 Ram Kumar and the appellant booked a room at Hindustan Hotel, Ballimaran, Delhi. They signed their names in the hotel register and entered therein their Kanpur address. On the 16th they were admittedly together and while in search of a motor-cycle they met Abdul Hafeez, Babu Khan and Om Prakash. On the 17th morning Ram Kumar and the appellant struck a deal with Babu Khan and Om Prakash agreeing to purchase from them