Sunita Gupta, J.:--

1. This appeal u/s 374 of the Code of Criminal Procedure, 1973 has been filed by the appellant challenging the judgment dated 18th January, 2014 and order on sentence dated 22nd January, 2014 vide which the appellants were convicted under Section 328/379/34 IPC, 1860 and sentenced to undergo rigorous imprisonment for a period of 4 years along with fine of Rs. 10,000/- u/s 328/34 IPC in default to undergo 6 months simple imprisonment and 3 years rigorous imprisonment u/s 379/34 IPC with fine of Rs. 5000/- each in default to undergo simple imprisonment for 3 months passed by the learned Additional Sessions Judge in Sessions Case No. 44/11 arising out of FIR 03/11 u/s 328/379/411/34 IPC registered with Police Station Preet Vihar.

2. Prosecution case emanates from the fact that on 9th September, 2011 an information was received at Police Station Preet Vihar vide DD No. 15A that a person was lying unconscious at E-96, East Laxmi Market in Gali No. 6. On receipt of this information, HC Virender Singh along with Constable Sandeep reached at the spot where they came to know that victim had already rushed to Hedgewar Hospital by the PCR Van. They then reached at