HAMIDULLAH Vs. STATE

JUDGEMENT

(1.) The present appeal under section 374 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'Cr.P.C.') assails the judgment and order dated 04.02.2002 and the order of sentence dated 04.02.2002, rendered by the Additional Sessions Judge, Karkardooma Court, Shahdara, Delhi in FIR No.356/99, PS Gokalpuri, whereby the appellant has been convicted for offences under Section 328/302 and 307 IPC and sentenced to undergo rigorous imprisonment for 5 years and to pay the fine of Rs.1,000/-, in default of the payment of fine, further rigorous imprisonment for one month under Section 328 IPC; sentenced to imprisonment for life and fine of Rs.2,000/-, in default of the payment of fine, further rigorous imprisonment for two months under Section 302 IPC; and further sentenced to rigorous imprisonment for five years and a fine of Rs.1,000/-, in default of the payment of fine, further rigorous imprisonment for one month for the offence under Section 307 IPC.

(2.) The facts, as are necessary for the adjudication of the present appeal, are encapsulated as follows:

(3.) It is the case of the prosecution that Gulistan died on the way to the hospital and Roshan died in the hospital.