( 1 ) THE conviction recorded and sentences imposed vide judgment dated 29/01/1994 in F. I. R. No. 363/91, Police Station Jahangir Puri,delhi by the learned Additional Sessions Judge, Delhi for the offence under Sections302/323/34, Indian Penal Code and Sections 27/54/59 of Arms Act have been assailed by theappellants/convicts in this appeal under Section 374 of Criminal Procedure Code.

( 2 ) THE prosecution case, shortly stated, is that Dharmajit @ Nanha was residingin Jhuggi No. 7 in Jahangir Puri with his parents whereas his brother Kishore residedin Jhuggi No. 86; that both the brothers were doing electrical works; that 6/11/1991 was a Diwali day and so in the late evening Nanha went out to meethis friends; that Raju Singh @ Raju, S/o Vikram Singh, r/o Jhuggi No. H-3, Jahangirpuri, Rajesh @ Pocky and Rakesh @ Sanjay, the two brothers, S/o Kishan, R/o Houseno. 4/1563, Jahangir Puri, Arjun s/o Devi, r/o H-3/1088, Jahangir Puri, Delhihappened to be the frends of Nanha; that Kishore also knew all of them; that whenhis brother Nanha did not return home till 11. 30 p. m. , Kishore went out in searchof Nanha and at about 12 O clock in the midnight, near the public park