Gita Mittal, J.

1. A trivial incident, one summer evening involving a few drops of water spilling over on to the chhajja (parapet) of a neighbour’s house has resulted in fatal injuries to one person; injuries to several other persons of that family and these protracted proceedings which commenced on 14th of June, 1995 with the registration of FIR No.466/95 registered by the police under Section 302/307/308/324/147/148/149/34 of the IPC and Sections 25/54/59 of the Arms Act by the Police Station Patel Nagar. It has also led to implication of four sons (Mahender, Naresh, Kundan and Jagdish) of Ramji; one grandson Sanjay Son of Mahinder and one outsider Ajay; resulting in conviction for commission of the offence of murder and life imprisonment to two brothers Mahender and Naresh as well as conviction of Sanjay for commission of offence under Section 324 IPC. While on the other side, fatal injuries resulted to Arun, son of Mehar Chand as well as injuries to his wife Prem Devi (PW8) (a government servant); his son Anand Kumar (PW22); grandson Sanjay son of Virender (PW20) and a nephew Anil Kumar (PW7).

2. Mahender Kumar and Naresh Kumar stand convicted for commission of offences under Section 302 read with Section 34 of the Indian Penal Code by the judgment dated 31st August, 2000 passed by the learned Additional Sessions Judge in Sessions Case No. 3/97 arising out of the FIR. Pursuant to the conviction by the order dated 31st August, 2000, the trial court has sentenced the appellants to undergo rigorous life imprisonment for commission of the offence under Section 302/34 of the IPC with a fine of Rs.2,000/- each and in default of payment of fine, it is directed that they would undergo simple imprisonment for one year each.

Additionally, the appellant Mahender stands sentenced for conviction under Section 27 of the Arms Act to undergo rigorous imprisonment of three years with a fine of Rs.1,000/-. In default of payment of fine, it has been directed that he shall undergo simple imprisonment for three months. The sentences imposed on the appellant Mahender Kumar have been directed to run concurrently. The two brothers have challenged their convictions and sentences by way of the present appeals. In as much as the impugned judgment arises out of a common trial, we have taken up these appeals together and are deciding them by one judgment.

3. The genesis of the matter relates to an incident which had occurred on 14th June, 1995 at 8.45 p.m. in front of the premises no. A-195, DDA Flats, New Ranjit Nagar, New Delhi between members of two families, who were neighbours. The details of the incident are found recorded in the statement (Exh.PW7/A) of Anil Kumar son of Jai Prakash (who appeared as PW 7) given by him to the police based whereon the case was registered by police station Patel Nagar.

4. In this statement, Anil Kumar had disclosed that on the fateful night of 14th June, 1995 at about 9 p.m., his cousin Arun Kumar (son of Mehar Chand) and he were sitting on two separate cots in the street in front of their houses in front of a park. Arun was eating his dinner at that time while his sister Laxmi was washing the parapet (chhajja) of the second floor of the House No. A-195 when some drops of water fell on the roof of the adjacent house No. A-194 in which Naresh (son of Ramji) was residing. Because of this, Meena (‘bahu’-wife of Naresh) started hurling filthy abuses at Laxmi. Naresh also came out and started abusing as well. Arun requested him not to abuse his sister, whereupon Naresh called out to his brother and exhorted him to finish their lives (“aaj inko jaan se hi khatam karde”). His brother, Mahender came out wielding a knife in his right hand. Naresh caught hold of Arun Kumar while Mahender stabbed him on the chest repeatedly with the knife. Seeing this, Arun Kumar’s mother Prem Devi as well as he (Anil Kumar) tried