BUDI MATHSYA LINGAM Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is filed under Section 374(2) Cr.P.C., by the sole accused in S.C.No.162 of 2008 on the file of the VIII Additional District & Sessions Judge (FTC), Visakhapatnam.

(2.) Through its judgment, dated 30.10.2009, the trial Court convicted the accused for the offence punishable under Section 302 IPC, for causing the death of another person, with the same name, as the accused, on 23.12.2007 at 5.00 p.m. Sentence of imprisonment for life and fine of Rs.200/-, in default, to undergo Simple Imprisonment for one month, was imposed.

(3.) The case, as presented by the prosecution was that, the deceased was a resident of Pothulagaruvu Village of Visakhapatnam District, and he was allotted a house site of Ac.0.03 cents in Sy.No.4/3, Plot No.6 in Pothulagaruvu Village, under a Government scheme. The house site is said to be adjoining the land of the accused, and the assignment in favour of the deceased, was not to the liking of the accused. 15 days prior to the incident, the deceased is said to have constructed basement for compound wall, but the accused has demolished the same.