Judgment

RATNAVEL PANDIAN, J.:- The above appeal is preferred by the second accused before the trial Court, namely, Hem Raj challenging the correctness of the judgment made in Criminal Appeal No 157/74 on the file of the High Court of Delhi confirming the judgment of the trial Court convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life and dismissing the appeal.

2. This appeal along with three others took his trial on the accusation that on 5-10-1972 at about 7.30 a.m. at Gali Arya Nagar, near Arya Samaj Mandir in furtherance of common intention he committed the murder of Ravinder Kumar, the deceased herein by stabbing him with a knife. The trial Court convicted only the appellant and acquitted the other accused persons 1, 3 and 4, namely, Mandan Lal, Naresh and Daulat Ram.

3. The facts, material for the purpose of this appeal may, however, be briefly indicated thus :

The appellant, Hem Raj and Madan Lal are brothers. Similarly, Naresh and Daulat Ram are brothers. The deceased Ravinder Kumar was the son of PW-16, and was residing with his family near Arya Samaj Mandir, Arya Nagar, Delhi. Naresh and Daulat Ram resided in a house opposite to the h