( 1 ) THIS appeal is preferred by the 1st accused/kompally Ashok being aggrieved by the Judgment, conviction and sentence passed by the Sessions Judge at Nizamabad, dated 12-5-1994, in Sessions Case No. 295 of 1992.

( 2 ) IT is to be noted at this stage itself that the prosecution was launched against the accused Nos. 1 and 2 viz. , Kompally Ashok and Kompally Purushotham. The 2nd accused being acquitted, it is the 1st accused who preferred this appeal.

( 3 ) ACCUSED Nos. 1 and 2 were tried for the following charges :- (1) U/ss. 302 r/w. 34, IPC against both the accused. Accused No. 1 was convicted for the offence under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500. 00 and in default to suffer SI for six months. 2nd accused is acquitted. (2) U/s. 324, IPC against 1st accused for causing hurt to PW2/bommera Narsaiah. Accused No. 1 was found guilty of the same and convicted and sentenced him to suffer RI for one year. (3) U/s. 324, IPC against 1st accused for causing hurt to PW4/guntaka Balnarasaiah. Accused No. 1 was found guilty of the same and convicted and sentenced him to RI for 6 months.

( 4 ) IT is ordered by the trial Court that all the above sentences shall run concurrently.

( 5 ) THE prosecution case was that on 21-10-1988 at about 10. 00 p. m. near Pochammagalli in Domkonda, accused Nos. 1 and 2 armed with knives stabbed one Bommera Gangaram, hereinafter called the deceased , and when PW2/bommera Narsaiah and PW4/guntaka Balnarasaiah intervened, they were assaulted with the knife by 1st accused and accordingly, they received injuries.

( 6 ) IT is the case of the prosecution that the accused and the deceased are residents of Domkonda village. PW1/bommera Mallavva is the mother of the deceased. Accused Nos. 1 and 2 are brothers. Accused No. 1 had married PW5/kompally Shanta, the younger sister of the deceased and daughter of PW1. PW2/bommera Narsaiah is another brother of the deceased. PW6/devasani Rajamani is the elder sister of the deceased.

( 7 ) IT is alleged that the marriage between 1st accused and PW5 took place about five years prior to the incident. PW5 gave birth to one male child through A1. It is stated that PW5 was advised by the doctor not to beget second child, as it would be against her health, but the first accused was insisting that she should have sexual life with him and on that ground, there was quarrel between them and A1 was threatening her with knife and declaring that he would marriage another girl, and thus, he was harassing her. It is the further case of the prosecution that PWs. 1 and 2 had arranged a panchayat before the caste elders i. e. PW11/bommera Yellaiah and PW13/meka Dharampuri and others on 21-10-1988. The panchayatdars decided that A1 could marry another girl and he should not have any sexual connection with PW5. For that, A1 and PW5 agreed. On the same day evening, PW2 along with PW3 and LW14 went to the house of PW4 to have a negotiation regarding a branch of Beedi factory for PW3. It is stated that PW4 agreed to give branch of Beedi factory to PW3. Immediately thereafter, PWs2 to 4 and LW14 went to Lakshmi Wine Shop at Domkonda for taking beer. At that time, the deceased and A1 were also present in the wine shop. They were taking liquor. Both A1 and the deceased came to PW2 with the liquor glasses in their hands and PW2 asked the deceased why he had come along with A1 when the Panchayat had decided on that day itself regarding the matter pertaining to A1. PW2 further asked the deceased to go to some other wine shop. A1 paid the bill for the liquor consumed by himself and the deceased and they left the wine shop. However, PW2 was suspicious of A1 and therefore, immediately after paying the bill for the liquor consumed by PW2 and others, PW2 left the wine shop and followed the deceased and A1. By the time PW2 came to the place of occurrence, which was at a distance of about 60 to 70 yards from the wine shop, he