( 1 ) ACCUSED 1 and 2 were tried in S. C. No. 27 of 1995 on the file of the I Additional District and Sessions Judge, Krishna, at Machilipatnam for the alleged offences punishable under sections 302 and 201 IPC. However, the learned Sessions Judge rejected the prosecution case in so far as it relates to the first accused is concerned, but convicted the second accused for the alleged offence punishable under Section 304 (II) IPC and accordingly sentenced him to undergo rigorous Imprisonment for a period of five years and to pay a fine of Rs. 100/-, in default, to undergo Rigorous Imprisonment for a further period of two weeks. Hence, this appeal by the appellant-second accused.

( 2 ) THE case of the prosecution, in brief, is that Mudedla Appa Rao (herein after referred to as the deceased ) was a worker in Indus marine Food Factory, which is at a distance of 2 or 3 k. m. from Pamarru. P. W. 1 Mudedla lakshmi, is the mother of the deceased. After the death of the father of the deceased, p. W. 1 and the deceased were living at pamarru and P. W. 1 was running chit business. The first Accused, by name dintakurru @ Pulipaka Venkateswara Rao joined as a subscriber in the chit and in that

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