MEHINDER SINGH SULLAR, J.(oral)

The epitome of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 29.05.2001 at about 5.00AM, Suresh(deceased), brother of complainant Rattan Kumar (PW1) son of Balwan Singh had gone with appellant-convict Madan son of Desh Raj and acquitted co-accused Rohtas son of Chote Lal, on his(appellant's) tractor-trolley bearing Registration No.HR12A0526, for selling Millet(fodder)(Jawar) at Rohtak. At about 1.30 PM, they brought Suresh in an injured and unconscious condition to his house. The liquor smell was coming out of their mouths. The complainant asked them to remove his brother Suresh to the hospital, but they went away. Thereafter, the complainant along with his brother Baljeet brought Suresh to the Civil Hospital, Dighal, from where he was referred to PGI Rohtak. As luck would have been, he expired on the way and his deadbody was brought to the village. The matter was reported to the police. After postmortem examination of his deadbody, the complainant developed suspicion regarding the cau