JUDGMENT

Anil Dev Singh, J. - This appeal is directed against the judgment and order of the Additional Sessions Judge dated January 5, 1988, whereby he convicted the appellant under section 302, I.P.C., for committing the murder of his brother, Harish Chand and sentenced him to life imprisonment. Besides, he also convicted the appellant under section 324, I.P.C., for causing injuries to his father and sentenced him to two years rigorous imprisonment on this count. Both the sentences have been made to run concurrently.

2. The prosecution has set up the following case against the appellant.

Harish Chand, the deceased was married to Kiran Bala in the year 1983. After few months of marriage, the couple rented a separate residential accommodation as the parents of Harish Chand on the one hand and the newly weds on the other were not getting along well. Initially they stayed at Subash Nagar and subsequently in Hari Nagar, New Delhi. It secms that Harish Chand was financially hard pressed and could ill afford to pay for the rented accommodation. On September 8, 1984, Harish Chand was asked by Ram Lal to give up the rented promises and live with him. Next day, Harish Chand responded to the' offer by shifting with his wife to his father's house, namely, House No. CB-61A, Janta Flats, Hari Nagar, New Delhi.

3. Ms. Satnam Kaur, wife of Ram Lal, and Gulshan, the other son, got infuriated on the prospect of the deceased and his wife staying with them. Heated wordy dual started between Ram Lal on the one hand and Satnam Kaur and Gulshan on the other. This verbal quarrel is said to have taken place on September 9, 1984 around 10 P.M. Satnam Kaur and Gulshan hurled abuses at Ram Lal. Satnam Kaur also went to the Police Post Hari Nagar at about 10.15 P.M. to lodge a complaint against Rain La). The report lodged by Satnam Kaur at Police Post Hari' Nagar was transmitted to P.S. Tilak Nagar over the telephone. This was entered as D.D. Report No. 29A in the daily diary maintained at the said police station. Pursuant to the revert the police arrived at the spot at 11 p.m. and after pacifying the quarreling parties, left at 11.05 p.m. At 12 p.m. the same night, while Ram Lal was sleeping on a cot outside the house, it is alleged that Gulshan alongwith his friend Rajan James @ Bengali entered the room of Harish Chand. While Rajan is said to have secured the hands of Harish Chand, Gulshan inflicted knife blows on him as a result of which Harish Chand fell near the cot of Ram Lat. Harish while falling said to have uttered the following words: “Gulshan has killed me with a knife".

4. Gulshan and Rajan are also alleged to have assaulted Ram Lal. While Gulshan is said to have inflicted knife injuries on Ram Lal, Rajan is said to have struck a brick on his head. Information of the incident was given by Kiran Bala, wife of the deceased: to the Police Control Room (PCR) over the telephone. In turn, the police control room informed the police station Tilak Nagar at 12.20 A.M. about the occurrence which was recorded as D.D. report No. 2A in the daily diary dated September 10, 1984 maintained at P.S. Tilak Nagar, New Delhi. The cryptic report merely stated that the brother-in-law of Kiran Bala had stabbed her husband. This report was not treated as an F.I.R. by the police Nevertheless, J.C. Sharma, SHO P.S. Tilak Nagar and ASI Mehar Singh on receipt of the information reached the spot where ASI Lala Ram and constable Aman Kumar were al" ready present and were in the process of removing the injured persons to the hospital in a PCR Van. Harish Chand and Ram Lal were taken to Ram Manohar Lohia Hospital where the former, who had succumbed to his injuries before reaching the hospital, was declared dead. Ram Lal, however, was declared fit by the attending doctor for the purpose of making a statement. Accordingly, the statement of Ram Lal was recorded by the police around 3-11.m. which was treated as an F.I.R., and was sent to P.S. Tilak Nagar for registering the case