JUDGMENT

S. RATNAVEL PANDIAN, J.:— The above appeals by special leave under Art. 136 of the Constitution of India are directed against the correctness and legality of the judgment dated 4th May, 1979 of the High Court of Delhi in Criminal AppealNo.323/76.

2. These two appellants were accused Nos.2 and 1 respectively before the 8th Additional Sessions Judge and they took their trial in Sessions Case No. 38/75 on the charge that on 28-5-1975 at about 3.30 a.m. in Pitam Pura within the jurisdiction of Punjabi Bagh Police Station both appellants in furtherance of their common intention committed murder of Hanumant Singh, the deceased herein and thereby committed an offence punishable under S. 302 read with 34 IPC. The facts of the case briefly stated are as follows:

The deceased Hanumant Singh was the son of Harkishan Singh (PW-6). At the time of the marriage of the deceased with Smt. Santosh (PW-4), PW-6 presented about 30 tolas of gold ornaments worth about Rs. 10,000/ - to PW-4. PW-4 on her first visit to the house of PW-6 brought all the ornaments and stayed there for 6 months. Then she went to her parents house wearing all those ornaments but left them with her father Dhani Ram and