G.S. Sistani, J.

1. Present appeal has been filed under Sections 374(2) of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) against the judgment dated 07.03.2014 by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (“IPC”) (described as Section 300 Secondly in the judgment of the Trial Court) and by an order of sentence dated 10.03.2014 the appellant has been sentenced for rigorous imprisonment for life under Section 302 IPC for committing the offence under Second definition under Section 300 IPC.

2. The case of the prosecution as noticed by the Trial Court is as under:

“1. As per prosecution, on 19.05.2012, an information was received that one person has assaulted to another by stone on footpath, Mathura Road and this information was recorded vide DD No.24A, PS Tilak Marg and same was marked to SI Ramji Lal for further necessary action. Thereafter, he alongwith Ct. Lokesh reached the spot and sent the injured to RML Hospital through PCT Van. In the meanwhile, another call was received from the duty constable RML Hospital, vide DD No.28A that the injured from Mathura Road has been declared as brought dead vide