Judgment

ALAGIRISWAMI, J.:- This is an appeal against the judgment of the Andhra Pradesh High Court allowing an appeal by the State against the judgment of the learned Sessions Judge of Krishna acquitting the appellant and convicting him for an offence under S. 302 I.P.C.

2. The prosecution case was that on 2-4-1969 at 4 p,m, the deceased and P.Ws, 1 and 2 left their village and were going to Telaprolu for seeing a festival there and they were carrying some vegetables with them on kavadies to sell there. P.Ws, 1 and 2 were going in front while the deceased was coming behind. They saw the appellant coming on a cycle and passing them and hearing a thud turned back and saw the appellant stabbing the deceased. This was at about 5 o clock. They sent word through some villagers to the members of the family of the deceased about the incident and as nobody turned up till 9p.m. P.W. 1 went to Telaprolu and informed the Circle Inspector of Police. The FIR was registered at 10 O clock and the Inspector and two policemen reached the scene of occurrence at 11.30 p.m. The learned Sessions Judge after considering all the evidence acquitted the accused but the High Court on appeal by the State set