B. K. SOMASEKHARA, J.

( 1 ) THE appellant who is the sole accused in S. C. No. 147/91 was convicted and sentenced by the learned Sessions Judge, East Godavari at Rajahmundry by the orders dated 21-9-1992 for an offence punishable under Section 304, Part II of the indian Penal Code, to suffer rigorous imprisonment for a term of six years and that is challenged.

( 2 ) WITH a not guilty plea for a charge under Section 302 of the Indian Penal code for intentionally causing die death of his relative Domadula Sayi Babu by beating him with hands and by kicking on his stomach in the house of the deceased at 3 p. m. on 7-8-1990 for not obliging him for toddy, the accused was tried, but convicted for the offence as stated above.

( 3 ) P. WS. 1 and 2 the neighbours saw the incident or atleast saw the accused and deceased immediately thereafter to know the incidentfrom Gangamma the kept mistress of the deceased. The deceased tried for a panchayat through sarpanch P. W3 who sent P. W. 4 the village servant to get the accused, in vain. So as advised by P. W. 3 the deceased placed Ex. P-6 report before P. W. ll the head Constable of Devipatnam Police Station on 9-8-90 at 5 p. m. which followed the

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