JUDGMENT

R. C. Khulbe, J. - The present criminal appeal is directed against the judgment and order dated 27.01.2016 passed by the learned Additional Sessions Judge, Nainital, in S.T. No.107 of 2011, 'State vs. Sonu, whereby the learned Trial Court convicted the appellant u/s 304 IPC and sentenced him to undergo ten years' R.I. with a fine of Rs.10,000; in default of payment of fine he was also sentenced to undergo one year's additional imprisonment.

2. Brief facts of the case are that PW1 Mahendra Singh submitted an information Ex.Ka-1 with Police Station-Kotwali Ramnagar on 04.08.2011. On the basis of said information, a Chick FIR Ex.Ka-14 was lodged with the police station. Accordingly, inquest report Ex.Ka2 and post-mortem report Ex.Ka-3 were also prepared; the accused was arrested; and the arresting memo Ex.Ka4 was also prepared. After investigation, charge-sheet Ex.Ka-7 was submitted. Accordingly, after compliance with the provision of Section 207 Cr.P.C.; the concerned Magistrate took the cognizance and committed the case to the Court of Sessions. The Sessions Judge framed the charge under Sections 304 IPC on 31.03.2012. The appellant denied all the allegations and claimed to b