JUDGMENT :

(MANOJ KUMAR GARG, J.)

1. Instant criminal appeal has been filed by the appellant against the judgment dated 02.11.2022 passed by learned Additional District & Sessions Judge No.2, Nimbahera, District Chittorgarh, in Sessions Case No.15/2020 by which the learned Judge convicted the appellant for offence punishable under Section 304 Part-II and sentenced him to under 7 years’ R.I. and imposed a fine of Rs.5,000/-, in default of payment of fine to undergo five months’ S.I.

2. The period spent in judicial custody shall be adjusted in the original imprisonment. 

3. Brief facts of the case are that on 22.02.2020, complainant Mukesh Chandra submitted a written report before SHO, Police Station Nimbahera alleging that today at about 6 PM, his brother Amritram was consuming liquor with the present petitioner and his father Kaluram. When complainant went to call Amritram, he saw that the present petitioner and his father were quarreling with his brother over money dispute and thereafter, both the accused hit Amritram with a lath due to which he fell down and later on died on his way to the hospital. On this report, Police registered a case against the accused appellant for the offenc