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 upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC). Three persons faced trial for alleged commission of death of one Damera Shiva Kumar (hereinafter referred to as the `deceased) on 20.3.2003. Trial court directed acquittal of Telukrishna (A3). High Court by the impugned dismissed the appeal filed by the present appellant A2 while directing acquittal of A1.

3. Prosecution version as unfolded during trial is as follows:

A1 is the maternal uncles son of Damera Shiva Kumar (hereinafter referred to as `deceased). A2 and A3 are the friends of Al. On 20.03.2003 at about 5:00 p.m., the mother of the deceased Smt. Damera Lingamma (PW-1) and her daughter went to her younger sisters house at Malkajrigi to attend a betrothal ceremony. While leaving the house she gave Rs.10/- to the deceased Shiva Kumar. The sister in law of the deceased Smt. Lalitha (PW-2) and the deceased were alone in the house. At about 7:00 p.m., A2 and A3 came to the house of the deceased.