( 1 ) BY this Judgment, we propose to dispose of two connected criminal appeals bearing No. 116/84 filed by Lala Ram and 0m Parkash, and criminal appeal No. 131/84, filed by Thakur Singh. These appeals arise out of the order of Shri T. S. Oberoi, Addl. Sessions Judge, Delhi. , dated 1st May, 1984. by which they were held guilty of offences under Section 302 read with Section 34 of the Indian Penal Code, and sentenced to imprisonment for life, Accused Thakur Singh and Lala Ram were also sentenced to R. 1. for a period of 3 years for the offence punishable under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.

( 2 ) IN order to appreciate th arguments raised by the appellants, it is necessary to keep in mind the prosecution version of the incident. Few days prior to the present occurrence, a quarrel had taken place between Padam Singh (deceased) and the accused persons. With the intervention of the father and brother of Padam Singh, the dispute was amicably settled. However, on 9th February, 1982, at about 4. 15 P. M. as the story goes, when Padam Singh was passing through Gali No. 4, Than Singh Nagar, and was near the back portion of