DARSHAN SINGH Vs. STATE

JUDGEMENT

(1.) BY this appeal filed under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C."), the appellants herein seek to challenge the impugned judgment and order on sentence dated 28th August 1998 and 29th August 1998, respectively whereby the learned Additional Sessions Judge, Delhi has convicted them for committing an offence punishable under Section 302 IPC and the sentence of life imprisonment together with imposition of fine of Rs. 5,000/ - and in default of payment of fine, the appellants were directed to undergo further rigorous imprisonment for a period of four months.

(2.) BRIEF facts of the case are stated as under:

(3.) AFTER addressing some arguments to assail the findings of the learned trial court on merits of the judgment and to plead for acquittal of the appellant, Mr. M.L. Yadav, learned counsel for the appellant mainly confined his arguments to urge that the offence committed by the appellants would fall under clause 4 of Section 300 of IPC, punishable under Section 304 (Part II) IPC.