( 1 ) OM Parkash alias Omi and Chuni Lal have been convicted under section 302/34, Indian Penal Code, and each of them has been sentenced to imprisonment for life by Mr. R. L. Gupta, Additional Sessions Judge, Delhi. Separate appeals challenging the convictions have been filed by Om Parkash and Chuni Lal. These are being disposed of by this judgment.

( 2 ) THE prosecution case, in brief, is this. On the night of February 3, 1977 Head Constable Dhara Singh and Constable Ram Datt were patrolling their area on a motor-cycle. At 11. 00 or 11. 15 P. M. on their way to the car parking area of Ajmeri Gate from Turkman Gate they saw the appellants chasing Puran Singh (deceased), Om Prakash alias Omi appellant was carrying an open knife in his hand while Chuni Lal appellant was unarmed. Chuni Lal overtook Puran Singh near the iron railing of the parking area and gave first blows on his face. In the meantime Om Parkash reached there. Chuni Lal shouted "omi mar chakoo", whereupon Omi gave a knife blow on the back of right buttock of Puran Singh. The head constable stopped his motor- cycle and ran after the assailants. Constable Ram Datt joined the chase. The head constable was