Hardayal Hardy, J.

( 1 ) THIS is an appeal by Shankar son of Hira Lal and Parkash son of Mohan Lal residents of Nabi Karim, Delhi who have been convicted of an offence under section 302 I. P. C. read with section 34 Indian Penal Code. and sentenced to imprisonment for life. The accused are said to be friends and have been found guilty of murder of Mohd Yunis son of Shamsuddin resident of the same locality who it is said was also their friend at one time. The prosecution case against the accused is that the deceased had borrowed a sum of Rs. 100. 00 from Shanker accused some three months before the occurrence. On October, 12,1968 the two accused approached the deceased s father at his shop and told him that the deceased had not re-paid the loan. Shamsuddin assured them that the deceased would make the payment and advised them to avoid mutual trouble on that score. The accused left the shop of Shamsuddin stating that they would have to deal with the accused in their own way.

( 2 ) AT about 4. 45 P. M. the same day, the accused met the deceased in front of a Qabristan abutting on a metalled road, known as Kacha Rasta Kadam Sharif, where there was exchange of hot words between the dece

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