( 1 ) A-1 in Sessions Case No. 87 of 1997 on the file of II Additional Sessions Judge, nalgonda, preferred the present appeal. A-1 was convicted under Section 323 of the Indian penal Code (for brevity ipc ) and sentenced to under-go rigorous imprisonment for a period of one year and to pay a fine of rs. 1,000/-in default to suffer further rigorous imprisonment for six months.

( 2 ) THE learned Counsel for the appellant would contend that there are disputes between the families of the deceased and accused. Having acquitted the accused under sections 341, 302 read with Section 34 of ipc, the learned Judge erred in convicting him under Section 323 IPC.

( 3 ) THE learned Additional Public prosecutor would submit that this is a case where a lenient view was taken by the learned judge and in the light of the findings, recorded on appreciation of evidence, the same need not be disturbed.

( 4 ) HEARD the counsel.

( 5 ) THE deceased Maragoni Anjaneyulu was the son of the elder brother of A-1 and their agricultural lands are situated side by side. It is also the version of the prosecution that the deceased Anjaneyulu has taken agricultural implement i. e. , Gorru from p. W. 4 and was ploughing his land newly on 12-06-1995 at about 9. 00 hours as usually the deceased was ploughing the lands with the said Gorru, A-2 who is the farm servant of a-1 went to the deceased demanded to hand over the Gorru of P. W. 4 and on that the deceased asked him to take it after some time. In that connection A-2 picked up quarrel with the deceased and beat him with hands and on seeing the same, P. W. 4 intervened and separated them. Later the deceased went to his house and after having food returned to the fields at about 11. 00 hours and stayed there At about 13. 10 hours while the deceased was returning to his house on the way near the agricultural field of A-1, both the accused persons, A-1 and A-2 stopped the deceased detaining him wrongfully and a-1 questioned him as to why he quarreled with A-2 when he asked to hand over Gorru and so saying A-1 beat the deceased with hands while A-2 beat with a stick on the head, due to which the deceased sustained bleeding head injury.

( 6 ) P,w. 1 gave the complaint and the case was registered under Section 324 IPC in crime No. 41 of 1995 by P. W. 7. The injured was sent to the Government Community hospital, Ramannapet and who was referred to Osmania General Hospital for expert treatment. And on 19-06-1995, the said anjaneyulu died at Osmania General hospital, Hyderabad while under going treatment. In view of the same, the section of law was altered from Section 324 IPC to section 302 IPC. The case was taken on file as P. R. C. No. 33 of 1995 by the learned judicial First Class Magistrate, Ramannapet and the same was committed to the Court of sessions, which was made over to the ii Additional Sessions Judge, Nalgonda, who had recorded the evidence of P. Ws. 1 to 11 and Exs. P-1 to P-10 were marked and m. 0. 1 was also marked.

( 7 ) FINDINGS in detail had been recorded commencing from paras 8 to 24 of the judgment. The learned Judge arrived at a conclusion that the evidence available on record would disclose that the death was not the direct result of the beating given by A-1 with hands on the head of the deceased and hence, he was found not guiltyforthe offences under Sections 341, 302 and read with 34 of ipc.

( 8 ) P. W. 1 is the father of the deceased. No doubt, he is not an eyewitness to the incident. P. W. 2 also deposed that he came to know about the incident at 3 p. m. that the deceased was beaten by A-1 and A-2 and as such he shifted the deceased to Ramannapet hospital and again he was shifted to Osmania General hospital, Hyderabad and after six or seven days, the deceased died in the hospital.

( 9 ) P. W. 3 who was the farm servant of p. W. 1 at the time of incident. He deposed that when he was attending to mending the bund, in the meanwhile A-2 came and asked the Gorru belonging to A-1. U