( 1 ) VIJAY Kumar and Prem Singh, two cousin brothers, have been convicted of offence punishable under Section 302 read with Section 34 I. P. C. by an Additional Sessions Judge vide his judgment dated November 5, 1988, they have been sentenced to undergo imprisonment for life each. They have filed this appeal challenging their conviction and the sentences.

( 2 ) FACTS of the case are that deceased Balbir was married to PW23-Premwati about 23 or 24 years earlier and five children had been born in this wedlock. Premwati, Public Witness 3, was residing in House No. 34-35, g Block, Vishnu Garden, Tilak Nagar, New Delhi with her children. Vijay, appellant, was residing at a short distance from the said house in House No. B-119, Vishnu Garden, New Delhi. It has also come out that deceased Balbir Singh was also having another house bearing No. D-120 adjacent to the house of Vijay. House of Vijay is located at some distance from the house where Parwati was living with her children. The appellant, Prem Singh, was resident at House No. 283/188, Vishnu Garden, New Delhi.

( 3 ) BALBIR Singh, deceased, was uncle in relation to the appellants inasmuch as he was matrimonial uncle s son of Jai Lal, DW-1, father of Prem Single, appellant. As already mentioned, Vijay is son of Jai Lal s brother.

( 4 ) ON 8th June, 1985, at about 10. 37 a. m. , one Ashok Sharma from public call telephone, gave information to Police Control Room to the effect that two youths had given beating to one man with hockey in a Block J. J. Colony, Khyala near State Bank of India and they have fled from the spot. This was entered at Daily Diary No. 30 in Police Control Room, copy of which is Ex. PW-15/a. This information was conveyed by Tirlok Chand, Sub-Inspector to Police Station, Tilak Nagar which was recorded at Daily Diary No. 13-A at 10. 50 a. m. , copy of which is Ex. Public Witness 14/c.

( 5 ) BAL Kishan, Sub-Inspector, Public Witness 19, accompanied by Constable Kailash Chand, on being deputed to inquire into the matter had come to the place of occurrence. S. H. O Jagdish Sharma of the said Police Station, Public Witness 18, is also stated to have come to the place of occurrence soon after Sub-Inspector Bal Kishan reached there. S. H. O. had found injured Balbir Singh lying on the ground near State Bank of India and had found Premwati present and he had sent the injured alongwith Premwati to the hospital.

( 6 ) PUBLIC Witness 9; Dr. G. S. Kohli,had examined Balbir at about 12. 15 p. m. on that day and had declared Balbir singh as brought dead vide his report. Ex. Public Witness 9/a. At the hospital, it is averred, that the statement of Premwati was recorded which is Ex. PW3/ain which she disclosed that she was living in the aforesaid house alongwith her children and was earning her livelihood by ironing the clothes and her husband and Vijay Kumar were on very good terms as they used to eat and drink together for the last about two years and her husband was also on visiting terms at the house of Vijay Kumar frequently and Vijay was plying a three-wheeler scooter and her husband had developed illicit relations with Vijay s wife Kanta. She further went on to mention that she used to advise her husband not to visit the house ofvijay Kumar but he did not pay any attention to her objections and eve. . Kanta some time used to call and take away her husband. She further narrated that about four or five days prior to the present occurrence, her husband had visited the house of Vijay Kumar in the evening and there took place a quarrel between her husband and Vijay and her husband had sustained some injury on his face but no report was lodged with the police.

( 7 ) SHE further mentioned in the F. I. R. that Vijay had met her husband a day earlier and had asked him to meet him at 10 a. m. on the day of occurrence and her husband had told her about this meeting and in the morning, after her husband had taken breakfast, he left at about 9 a. m. to meet Vijay