Judgment

CHANDRACHUD, J:- This is a case of fratricide in which the appellant Mulkh Raj Sikka was tried by the learned Additional Sessions Judge, Delhi on the charge that he had committed the murder of his brother Satish Chander on the night between the 27th and 28th May, 1970. The learned Judge sentenced the appellant to death and the order of conviction and sentence was confirmed in appeal by the High Court of Delhi. In this appeal by special leave the appellant challenged correctness of the judgment of the High Court.

2. One Bhagwan Dass had seven sons, appellant being the eldest and the deceased Satish Chander the youngest. At the relevant time the appellant was working as an Inspector of Police in the Central Bureau of Investigation, Delhi while the deceased had just finished a course in Electrical Engineering and seeking employment. The deceased used to live with the appellant in Qr. No. 238, Sector XII, R. K. Puram, Delhi.

3. On January 15, 1962 Bhagwan Dass executed a will and divided his property amongst his sons. After the death of Bhagwan Dass the appellant started managing the property left by the father. In 1968 disputes arose between the brothers as regards the division