JUDGMENT

KAILASAM, J.

( 1 ) THE first accused in Sessions Case No. 105/74 on the file of the Additional Sessions Judge, Delhi, is the appellant in this appeal. There were 8 accused before the Sessions Judge relating to an offence that was committed on the night between 30/06/1972 and 1/07/1972 at or near the shop No. 9 in Old Market, Tilak Nagar. The appellant was found guilty of an offence under Section 302, Indian Penal Code, and sentenced to imprisonment for life. It is necessary to refer to the convictions and sentences passed on the other accused. The appeal by the appellant to the High Court also failed and thus the matter is before us.

( 2 ) THE case of the prosecution may be briefly stated. The shop in or near about which the occurrence took place is shop No. 9 in Old Market, Tilak Nagar. This shop belonged to Viran Wali (P. W. 32 ). The front portion of the shop was let out to one Mehar Chand and in the back portion Viran Wali was residing. Between the two portions there was a partition wall. Two years after the letting Mehar Chand transferred possession of the shop to his brother, Sunder Dass, who was one of the accused in this case, but died pending trial. About two years