- (1.) This Criminal appeal has been filed against the judgement and order dated 27.4.2011 passed by the Additional Sessions Judge, Court No. 7, Farrukhabad in ST No. 280 of 2007 arising out of case crime No. 10 of 2007, under sections 304 and 336 IPC, PS Kamalganj, district Farrukhabad whereby the learned Judge convicted and sentenced the appellant to three months' simple imprisonment under section 336 IPC, ten years RI under section 304 IPC and a fine of Rs. 25,000/- with default stipulation.
(2.) The brief facts giving rise to the present appeal are that a written report was handed over on 20.1.2007 by the complainant Bhagwan Singh to the SO, police station Kamalganj, district Farrukhabad to the effect that his son Mahaveer, the deceased aged about 25 years, who was handicapped, was taken away by Satish, the appellant for the purpose of drinking liquor. When Satish and Mahaveer were returning, there had been altercation between them. Smt. Ram Dulari came for rescue. At that time the appellant hit the head of the deceased with brick, who fell on the ground. On hearing the noise of Ram Dulari, the complainant and others reached at the spot, but due to serious injuries, the deceased succummed to the injuries. The appellant taking advantage of darkness, ran away in the field.
(3.) On the basis of the aforesaid written report, a case was registered at case crime No. 10 of 2007, under sections 336, 304 IPC at PS Kamalganj, district Farrukhabad (Ext. Ka-4), which was entered into GD vide Report No. 28 at 23.00 hours. After the registration of the FIR, the investigation of the case was entrusted to SI Rahimuddin Khan, who prepared Panchayatnama (Ext. Ka-8). He also prepared letter for CMO (Ext. Ka-9), Challan Laash (Ext. Ka-10) and photo laash (Ext. Ka-11). He also inspected the spot and prepared site plan (Ext. Ka-6). Thereafter the investigation of the case was transferred to SI T. R. Verma, PW 3, who after completing the remaining investigation, submitted the charge sheet against the appellant under sections 336, 304 IPC (Ext. Ka-7).;