Sunita Gupta, J.

1. Challenge in this appeal is to the impugned judgment dated 31.05.2010 and order on sentence dated 04.06.2010 passed by learned Addl. Sessions Judge in Session Case No. 119/2007 arising out of FIR No. 283/2007, Police Station Vivek Vihar whereby both the accused persons were convicted for offence under Section 302/34 and 323/34 IPC and sentenced to undergo life imprisonment with a fine of Rs. 3000/-each, in default of payment of fine to further undergo simple imprisonment for one month for offence punishable under Section 302/34 IPC and to undergo simple imprisonment for 3 months each for offence punishable under Section 323/34 IPC. Both the sentences were to run concurrently.

2. Prosecution case emanates from the fact that on 08.07.2007 at about 2.30 AM a call was received by HC Narender Kumar (PW10) from Ct. Harbir (PW20) regarding admission of two persons in Dr. Hedgewar Hospital in injured condition and one Radhey Lal declared „brought dead?on which DD No. 4A Ex. PW 10/A was recorded at Police Station Vivek Vihar which was assigned to SI Maman Khan (PW22). SI Maman Khan along with Ct. Sunil Kumar (PW9) reached Dr. Hedgewar Hospital, Karkardooma, De