BOYA NARASIMHUDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by special leave is limited to the question of the nature of offence and the sentence to be imposed therefor on the sole appellant who has been convicted of an offence under Part I of section 304 of the Indian Penal Code and sentenced to imprisonment for life by the trial court and High court.

(2.) According to the prosecution case the deceased was sleeping on the pial outside his house on the night of 25/08/1974 when the appellant, who is his brother's son, arrived there drunk, went to his house and returned armed with a stick with which he gave a couple of blows in the head region to his sleeping uncle. The two injuries received by the deceased ultimately proved fatal.

(3.) The trial court was of the opinion that although the appellantlikely to result from his act. It was on that account that the appellant was convicted and sentenced as aforesaid.