JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court dismissing the appeal filed by the present appellant who was found guilty of offence punishable under Sections 302 and 203 of the Indian Penal Code, 1860 (in short the ‘IPC’). Appellant was found guilty by VII Additional Sessions Judge, Fast Track Court, Visakhapatnam.

3. Background facts in a nutshell are as follows:

One Kuda Ammaji (hereinafter referred to as the ‘deceased’) married one Samareddy Surayanarayana (PW-6). They were blessed with a son and a daughter. Subsequently, the deceased secured employment as A.N.M. and shifted her residence to Munchingput. Thereafter, the appellant who is a neighbour developed illicit intimacy with the deceased and started living with her. As the appellant did not allow the children of deceased to stay with her, PW-1 the sister of the deceased brought them to Serivayalu village and was looking after them.

While so, on 21.6.2001, at 06.00 p.m., one Gampari Baburao told P.W. 5 that the deceased was seriously ill and asked him to bring ambulance of Primary Health Center, immediately. When P.W. 5 br