(1.) The accused in S.C.No.96 of 2009 on the file of the VIII-Additional Sessions Judge (FTC), Visakhapatnam, is the appellant. Through its Judgment, dated 07-10-2009, the trial Court found him guilty of committing an offence punishable under Section 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay fine of Rs.100/-, in default, simple imprisonment for one month. The same is challenged in this appeal.
(2.) The facts in brief are as under:-
(3.) Learned Counsel for the accused submits that the evidence on record is not adequate to establish that the accused committed the crime and he has been erroneously found guilty by the trial Court. Learned Counsel submits that there is inordinate delay in lodging the complaint and the case of the prosecution cannot be believed for the reason that there were pre-existing hostilities between the accused and the deceased. Learned Counsel further submits that just by relying upon the alleged confession said to have been made by the accused leading to the recovery of M.Os.1 and 2, the trial Court found the accused guilty, ignoring the evidence on record, which clearly shows that the said allegation is incorrect.