PELAMALA NEELA KANTAM Vs. STATE OF A.P.

JUDGEMENT

(1.) The judgment, dtd. 30/6/2009, in Sessions Case No.31 of 2009 on the file of the Court of VII Additional Sessions Judge (Fast Track Court), Visakhapatnam (for short, "the learned Additional Sessions Judge"), is under challenge in the present Criminal Appeal filed by the appellant, who is the unsuccessful accused.

(2.) The appellant herein (accused) faced charge under Sec. 302 of the Indian Penal Code, 1860 (for short, "the IPC") pertaining to Crime No.25 of 2008 of Dumbriguda Police Station, Visakhapatnam. The learned Additional Sessions Judge found the accused guilty of the offence under Sec. 304 (Part-II) IPC, as against the original charge under Sec. 302 IPC, convicted him under Sec. 235(2) Cr.P.C and sentenced him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.1,000.00 in default to suffer Rigorous Imprisonment for 1 month.

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