( 1 ) THE appellants Mohd. Suleman alias Kallu (we shall call him Kallu) and his brother Babudin were tried by the Additicnal Sessions Judge for the offence of committing murder of Kamil. Kallu was convicted under section 302, Indian Penal Code and was sentenced to life imprisonment. Babudin was convicted under section 302 read with section 34 of the Indian Penal Code. He loo was sentenced to imprisonment for life. Both the appellants appeal to this court against their conviction and sentence. The appeal of Mohd. Suleman alias Kallu

( 2 ) BABUDIN is the elder brother. He is aged 25 years. Kallu is the younger one aged 21 years. Both are residents of House No. 6782 Ahata Kidara, Sadar Bazar, Delhi. Next to their house is house No. 6781 which was purchased by the parents of the deceased Kamil two months prior to the date of the incident resulting in the death of Kamil. Kamil (25 years old), Akil (31 years old) and Shakir (19 years old) are three brothers. In house No. 6781 owned by his parents Shakir, a young boy of 19 years, had started selling bidis and cigarette while siting on a cot on which he used to spread his wares.

( 3 ) THE prosecution case was that th