This criminal appeal has been pre ferred against the judgment and order dated 20. 07. 2007 passed by the then Sessions Judge, Pithoragarh in S. T. No. 55/2005, whereby the accused/ap pellant was convicted and sentenced to undergo R. I. for a period of five years and a fine of Rs. 10, 000/- under Sec tion 304 IPC. It was further directed that in default of payment of fine, the ac cused/appellant would further undergo imprisonment for one year.

2. Brief facts of the prosecution case are that on 27. 09. 2005 the first infor mation report was submitted by Devendra Singh Pangati PW3 before the District Magistrate, Pithoragarh alleging therein that on 11. 09. 2005, his brother Pratiman Singh Pangati had gone to see the fair of "nanda-Ashtami" in village Suring, but he did not return till night. In the morning of 12. 09. 2005, he has received information that his brother was lying dead under suspicious condi tion in village Suring. On the basis of the aforesaid report, a Chick FIR was prepared and necessary entries were made in the general diary. The police vis ited the spot and sent the dead body for postmortem. The Investigating Officer prepared the site plan and recorded the statement

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