( 1 ) ON January 14, 1980 both the appellants-Paramjit Singh and Surinder Singh, who are real brothers, were convicted and sentenced to undergo imprisonment for life by an Additional Sessions Judge, Delhi for an offence of murder of one Hardev Singh punishable under Section 302 read with Section 34 IPC.

( 2 ) THE allegations of the prosecution briefly are as follows. On 7th September, 1978, Hardev Singh (deceased) and his father Darshan Singh (PW 11) saw a Natak near Hanuman Temple in village Khiala. After the Natak was over, they were returning to their house. One Anil met them in the way and he also accompanied them. Near t blook, Vishnu Garden at about 11. 15 p. m. (night of 7th September, 1978) they were stopped by both the appellants. The appellants demanded from Hardev Singh and Anil that the latter should return to the former they money which the latter had won in gambling by fraud during the day. Hardev Singh and Anil denied having earned any money on account of gambling. Both the appellants became enraged and stated that they would teach a lesson. Simultaneously, Surinder Singh caught hold of Hardev Singh from behind and asked Paramjit Singh to teach a l