BUSSA VENKATESWARLU Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in S.C.No. 480 of 2003 on the file of II Additional Sessions Judge, Nalgonda, at Suryapet filed this appeal under Section 374 (2) of Criminal Procedure Code 1973 challenging the conviction imposed on him under Section 302 IPC and sentence of imprisonment for life and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment forone month, through judgment dated 27-10-2004.

(2.) The case of the prosecution in brief is as follows:

(3.) The charge leveled against the accused is that on 18-3-2003 at about 7.30 p.m. when the deceased Gandu Saidulu was going towards toddy trees for tapping, the accused and one Ramshetti Narayana (P.W.4) came in the opposite direction to the deceased and when all of them reached the kirana shop of one Venkateswarlu (P.W.8), the accused snatched the knife from the waist of deceased and tried to attack on Kandukuri Nagaiah (P.W.5) and on seeing the same, Kandukuri Nagaiah escaped from the scene and when the deceased asked him to return the knife, he picked up a quarrel and stabbed him with the knife on the abdomen as a result of which he fell down and died. When the charge is read over and explained, the accused pleaded not guilty and claimed for trial.