( 1 ) THIS criminal appeal has been preferred by Dharam pal, Neeraj, Vijay, Sunder and Ajay Kumar against the judgment and order of sentence passed by learned additional Sessions Judge, Karkardooma courts, Delhi vide judgment dated 16. 5. 2001 the above named appellants were held guilty for the offence punishable under section 302/34 IPC and vide order of sentence dated 17. 5. 2001 they were sentenced to undergo imprisonment for life and also to pay fine of Rs. 5000/- each and in default of payment of fine to undergo simple imprisonment for six months.

( 2 ) WE have heard Mr. Rajender Kumar, Advocate, learned counsel for the appellants and Mr. Ravinder chadha learned Additional Public Prosecutor for the state and have gone through the record.

( 3 ) BRIEFLY stating the facts of the case are that an intimation (DD No. 29a) was received at P. S. Kalyan puri on the night intervening 15-16. 3. 1998 from duty constable posted at Swami Dayanand Hospital (SDN hospital) Shahdara, regarding admission of one Ram Kumar in injured condition at 2:30 A. M. on account of a "quarrel". He was brought to hospital by his brother-in- law Mahinder. On this intimation H. C. (Head Constabl