KUMRA KODDU Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal 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 25.03.2011, rendered in Sessions Case No.149 of 2010 on the file of Sessions Judge, Adilabad, whereby and whereunder, the learned Sessions Judge found the appellant/accused guilty of the offence punishable under Section 304-II IPC and accordingly, he was convicted and sentenced to undergo simple imprisonment for a period of three years and to pay fine of Rs.500/-, in default to suffer simple imprisonment for three months.

(2.) Heard the learned counsel for the appellant/accused and learned Additional Public Prosecutor, appearing for the respondent-State. Perused the record.

(3.) Learned counsel for the appellant/accused vehemently contended that the Medical Officer was not examined in this case; that since the subject death was not proved, on that score, the appellant/accused is entitled for benefit of doubt. It is also contended that the subject land, where electrocution had taken place, do not belong to the appellant/accused; that there is no evidence to prove the guilty of the appellant/accused for the offence punishable under Section 304-II IPC.