Hon’ble Amar Singh Chauhan, J.—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).

4. To bring home the guilt of the appellant, the prosecution has examined as many as five witnesses.

5. PW 1, Bhagwan Singh is the complainant of the case. He reiterated the versions given in the FIR. He further deposed that his son was taken away by the appellant on the pretext of drinking liquor. When his son did not return, then at about 8.00 p.m. he alongwith his other son Manoj went in search of his son-Mahaveer. When he was searching his son, he saw Satish, the appeallnt running away. When the complainant asked the appellant that there are blood on his shirt and pant, then the appellant replied that go and save your son, Kanjad are beating him. He saw the blood in the light of torch. When he reached the spot, he found his son dead. Thereafter he lodged the report, which he proved as Ext. Ka-1.

6. PW 2, Manoj is the son of the complainant and brother of the deceased. He deposed that at 6.00 p.m., Satish Verma took his brother Mahaveer on the pretext of drinking liquor and said that they will return within an hour or two. When he did not return, then he went for his search. When he reached near pond outside village, some altercation was going on between them. Ram Dulari Kanjad was cooling the matter down. When he intervened, then the appellant threw the lathi on the deceased and hit his brother with brick with the intention to kill him. His brother fell down and there was bleeding from the head. The appellant ran away from the spot. On his cry, several persons of the village rushed to the spot. They were searching for the conveyance, but no conveyance was found. In the meantime, his brother succumed to the injuries. He further deposed that his father lodged the report.

7. The evidence of PW 3, T.R. Verma has already been discussed above.

8. PW 4 is Dr. Kuldeep Kumar Yadav. He deposed that on 21.1.2007 he was entrusted the work of post-mortem. On that date at 8.30 p.m.