JUDGMENT

Malik Shadef-Ud-Din, J. - This judgment will dispose of the Criminal appeals: Cri. A. 27 of 1982 (Inderjit v. State) and Crl. Appeal No. 35 of 1982 (Prem Shanker v. State) as these arise out of the same facts and circumstances.

2. A case under section 302/34 I.P.C. and section 27 of the Indian Arms Act ca me to be tried by Shri T.S. Oberoi Addl. Sessions Judge Delhi against the appellants. The appellants were found guilty under section 301/34 I.P.C. and were sentenced to undergo imprisonment for life. The appellant Prem Shanker alias Kalva was also convicted under section 27 of the Indian Arms Act and was sentenced to rigorous imprisonment for three years. The learned Addl. Sessions Judge directed that both the sentences should run concurrently. The conviction and sentence were recorded on January 15, 1982 and it is against this order that present appeals were filed.

2. We make a reference to the facts giving rise to the prosecution. On 31st August 1980 one Girwar Singh and his wife, Smt. Bhagwati and their son Nathi were repairing their Jhuggi at Gaushala Marg, Bara Dari, Delhi. They are respectively the father, mother and brother of Rajinder Kumar deceased. At about 4 to