( 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