PITCHOLLA SANJANNA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the accused in Sessions Case No.129 of 2007, on the file of the Court of II Additional Sessions Judge, Kadapa at Proddatur (for short, 'the learned Additional Sessions Judge'), challenging the judgment, dtd. 26/7/2010, where under the learned Additional Sessions Judge found the accused guilty of the offence under Sec. 304(Part-II) of the Indian Penal Code, 1860 (for short, 'IPC'), as against original charge under Sec. 302 IPC, and accordingly after questioning him about the quantum of sentence, convicted him under Sec. 235(2) Cr.P.C. and sentenced him to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.500.00 in default to suffer Simple Imprisonment for fifteen days for the offence under Sec. 304 (Part-II) IPC.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) Sessions Case No.129 of 2007 before the learned Additional Sessions Judge, arose out of committal order in PRC No.7 of 2007 on the file of the Court of I Additional Judicial Magistrate of First Class, Proddatur (for short, 'the learned Magistrate'), relating to Crime No.20 of 2007 of Proddatur I Town Police Station.