( 1 ) THE police file has been opened and seen by us during thecourse of the arguments.

( 2 ). An Additional Sessions Judge, New Delhi, vide his judgment dated 23/12/1989, has convicted the accused Sukhbir Singh for the offencepunishable under Section 394 read with Section 34 of the Indian Penal Code andhad convicted the appellant-Jaivir Singh for the offence punishable under Section394 read with Section 34 and Section 302 of the Indian Penal Code and vide hissubsequent order dated 8/01/1990, has sentenced Sukhbir Singh to threeyears rigorous imprisonment and a fine of Rs. 500. 00 and in default to undergo onemonth rigorous imprisonment more and has sentenced the appellant-Jaivir Singhto undergo life imprisonment for offence punishable under Section 302 of theindian Penal Code and sentenced him to three years rigorous imprisonment anda fine ofrs. l,000. 00 and in default to undergo three months rigorous imprisonmentmore for the offence punishable under Section 394 read with Section 34 of theindian Penal Code with the direction that the substantive sentences shall runconcurrently.

( 3 ). Sukhbir Singh has not filed any appeal against his conviction and sentenceand it