( 1 ) THIS appeal is directed against the judgment and orderdated 31/03/1990, of an Additional Sessions Judge, Delhi, by which the appellanthas been convicted of an offence punishable under Section 302 of the Indian Penalcode and Section 27 of the Arms Act and has been sentenced to undergo lifeimprisonment and to pay a fine of Rs. 1,000. 00 and in default to undergo furtherrigorous imprisonment for one year on the first count and sentenced to undergorigorous imprisonment for two years on the second count with the direction that thesubstantive sentences shall run concurrently.

( 2 ). The case of the prosecution, in brief, is that the appellant s brother Jaibhagwan had been stabbed by Tek Chand-deceased and a case was registeredagainst Tek Chand for an offence punishable under Section 307 of the Indian Penalcode on 13/06/1987, vide copy of the F. I. R. Ex. PW9/a. Tek Chand was having anelectric shop bearing No. WZ-297/c, JJ. Colony, Madipur, Delhi. On 13/05/1988,it is alleged that while Tek Chand was present in the shop at about 3. 30 P. M. that theappellant came to that shop and had stabbed Tek Chand with a knife and Tek Chandhad succumbed to his injuries as a result of t