1. - This is an appeal filed by Dholia against the judgment of the learned Sessions Judge, Alwar, dated September 11, 1975. by which the appellant was convicted under section 304 Part II, IPC and sentenced to undergo rigorous imprisonment for five years.

2. The prosecution case against Dholia appellant was as follows: One Bhonra son of Sukha Meena resident of Bahali lodged a written report with the police station, Malalcheda, that bis young brother Nand Lal who was a habitual drink card had died after taking in liquor. The Station House Officer, Malkheda, upon receipt of the report, deputed Head Constable Narendra Singh to make an inquiry into the matter under section 174, Cr. P.C. and report. Naiendra Singh, Head Constable, rushed of village Bahali, on March 31, 1975, and inspected the dead body of Nand Lal on the next day and prepared a Panchnama Ex. P.5. In the course of injury, the Head Constable came to know that the deceased Nand Lal was beaten to death by his son Oholia. Thereupon, Narendra Singh, Head Constable, sent a report Ex. P. 10 to the Station House Officer, police station, Malakheda, for registration o f a criminal case under section 302, IPC against Dhola.