JUDGMENT

SARKARIA, J.:— This appeal is directed against a judgment, dated December 2, 1978, of the High Court of Delhi, maintaining the conviction of Mohd. Ramzani, appellant under Section 302, Penal Code, with a sentence of life imprisonment.

2. Appellants father, Mohd. Shafi, is the eldest of four brothers, others being Chhottey Khan, deceased, Mohd. Din and Abdul Rashid. Abdul Rashid and Mohd. Din were residing in the ground floor of house No. 2934 in Gali No.5, Sarai Khalil, Sadar Bazar, Delhi, while the appellant, his father Mohd. Shafi, his mother an brothers and sisters were residing in the first floor of the same house No. 2934. Opposite house No. 2934, is House No. 2931 in which Chhottey - Khan deceased along with his wifes brother, Fakira and Abdul Rashid used to reside. Abdul Rashid was unmarried.

3. On April 8, 1974, Chhottey Khan deceased and Abdul Rashid gave a beating and caused injuries to Fatima, mother of the appellant and his sisters, Amina and Ashia. At the time no menfolk were present at home.

4. The occurrence in question took place on April 16, 1974 in the forenoon at about 11.00 a.m. It was preceded by a sharp quarrel between Abdul Rashid and Mohd. Din in the b