S.P.Garg, J.

1. State has preferred the present appeal against the judgment dated 15.12.2010 of learned Additional Sessions Judge in Sessions Case No.22/3/09 by which the respondents Bakshish Singh @ Manny and Sandeep Singh @ Sunny were acquitted of the charge under Section 302 IPC and convicted for the offence punishable under Section 304 Part II read with Section 34 of the IPC. In brief, the prosecution case is as under:-

2. On 11.06.2009 a meeting took place at the shop of Bhupinder Singh (PW-4) at Mangolpuri in which deceased, PW-24A (Deepak Marwah), the respondents and 3 or 4 other persons participated to resolve money dispute between the deceased and his brother Deepak Marwah, on one side and the respondents on the other side. The dispute could not be resolved in the said meeting. On the same day i.e.11.06.2009, Daily Diary (DD) No.3A was recorded at 12:30 night at Police Station Vikas Puri on getting information from PCR that a person injured in an accident at J Block, Vikas Puri, Paschim Vihar was admitted at Balaji hospital. The investigation was assigned to ASI Prem Singh who with Constable Surender reached the hospital and collected the MLC of Rahul Marwah (since