GANAGONI JANGAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the appellant/ accused aggrieved by the judgment, dated 12.07.2010, rendered in Sessions Case No.512 of 2009 on the file of Judge, Family Courtcum-Additional District and Sessions Judge, Nalgonda, whereunder and whereby, the learned Sessions Judge while acquitting the appellant/accused for the offence punishable under Section 302 IPC, convicted him for the offence punishable under Section 304-I IPC and accordingly, he was sentenced to suffer rigorous imprisonment for a period of ten years and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for a period of six months for the said offence.

(2.) Heard the learned counsel for the appellant/accused and the learned Additional Public Prosecutor appearing for the respondentState. Perused the record.

(3.) Learned counsel for the appellant/accused would submit that there is animosity in between the appellant/accused and the deceased M.Venkataiah with regard to keeping of their sheep nearby their houses; that there was no electricity supply at the time of incident; that P.Ws.1 to 3 are not at all eyewitnesses to the alleged offence; that the weapon alleged to have been used in the commission of offence is not a dangerous one; that from the circumstances, it cannot be said that the appellant/accused caused the subject death or he has any intention to do so; that there are inconsistencies and contradictions in the evidence of material witnesses; that the prosecution failed to prove the guilty of the appellant/accused beyond all reasonable doubt and ultimately, prayed to set aside the impugned judgment and acquit the appellant/accused for the offence punishable under Section 304-I IPC.