POOSAM KONDAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant is the accused. He was tried in S.C.No.275 of 2009 on the file of the II Additional Sessions Judge (FTC-I) at Khammam for the offence punishable under Sec.302 I.P.C. Through Judgment dt. 20.10.2009, the trial Court convicted and sentenced him to undergo imprisonment for life and fine of Rs.2,000/-, in default simple imprisonment for two months. Hence this appeal by the accused.

(2.) Facts in brief are as under:

(3.) The learned counsel for the accused submits that the evidence of the prosecution witnesses does not establish that the accused committed the crime, and the learned trial Judge has erred in holding the accused, guilty of the charge. It is submitted that in the absence of the direct evidence, the prosecution could not connect link between the accused and the crime even by circumstantial evidence. He contends that the conviction of the accused appears to be based on his previous conduct, and the same cannot be sustained. It is further submitted that the conviction and sentence are liable to be set aside.