( 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 lesson to Hardev Singh Paramjit Singh took out a knife from the right side pocket of his pant and gave a blow with the same on the right thigh of Hardev Singh. On receiving the blow Hardev Singh cried "maar diya, maar diya" and ran towards his house. Then Paramjit Singh attacked Anil who in order to ward off the assault put forward his left hand as a result of which he received injuries on his left hand palm and fingers. Darshan Singh (Public Witness 11) raised an alarm "pakro,pakro". Paramjit Singh pointed the knife towards Darshan Singh and told the latter that if the latter advanced he would be killed. Both the appellants were able to make good their escape along with the knife. Darshan Singh ran to look after his injured son Hardev Singh who was found lying on a cot in front of house of Anil. Darshan Singh felt the pulse of his son and found that he was virtually dead. He, therefore, proceeded towards Police Station Tilak Nager to lodge a report. Sub Inspector Jai Chand (Public Witness 14) met him near Raj Cinema and the former recorded the statement of the latter. That statement of Darshan Singh was sent to the Police Station where F. I. R. No. 996 was registered at 12. 40 p. m. of 8th September, 1978.

( 3 ) ON the pointing out of Anil and Darshan Singh, Sub Inspector Jai Chand prepared the site plan. Crime team was summoned who took the photograph of the various portions of the scene of occurrence. Samples of blood and blood soaked earth were taken.

( 4 ) THE dead body was sent for post mortem examination which was conducted by Dr. Bharat Singh (Public Witness 9 ). Anil was also got medically examined and his examination was conducted by Dr. L. T. Ramani (Public Witness 5) on 8th September, 1978 at about 8. 25 a. m.

( 5 ) AFTER having escaped from the scene of occurrence, the appellants were concealing themselves under Naraina Bridge. On receipt of secret information as to where the appellants were, Sub Inspector Jai Chand took along Darshan Singh (Public Witness II) and Pratap Singh (Public Witness 12) who is son-in law of PW 11 for apprehending the appellants. Both Darshan Singh and Pratap Singh had met Sub Inspector Jai Chand near Ajanta Cinema when the former were returning after cremating the body of Hardev Singh on 8th September, 1978. The appellants were arrested under the Naraina Bridge.

( 6 ) ON interrogation, Paramjit Singh appellant made a disclosure statement on 8th September, 1978 to the effect that he had concealed the knife (weapon of offence) in the house of his maternal uncle, named, Ajit Singh and that he could get the said knife recovered on pointing out. That house at that time was unoccupied. That disclosure statement was witnessed by Pratap Singh (FW 12) and Constable Deeg Ram (Public Witness 13 ). The disclosure statement