JUDGMENT

Santosh Hegde, J.-The appellants were accused Nos.1 and 3 before the II Additional Sessions Judge, Chittoor at Madanapalle in S.C.No.53/92. They were charged for an offence punishable under Section 302 read with Section 34 IPC before the Additional Sessions Judge who found them guilty and convicted them for an offence punishable under Section 304 Part II and sentenced both the accused to undergo R.I. for a period of 4 years. The said conviction and sentence has been upheld in appeal by a Single Judge of the High Court of Judicature, A.P. at Hyderabad in Criminal Appeal No. 1272/92.

2. Briefly stated the prosecution case is that on 25.5.1991 at about 8 p.m. there was an altercation between the wife of the 1st appellant herein and the wife of the deceased in regard to taking water from the tap. This altercation turned out to a fight in which members of both the families joined and it is stated that in the said fight the accused persons stabbed the deceased Mahaboob Saheb on the abdomen and chest. The deceased was then taken to Government hospital at Madanapalle where PW-9, Civil Assistant Surgeon, examined the deceased and sent the intimation of the crime Ex.P-3 to II Town Po