P. VENKATARAMA REDDY, J.

( 1 ) THE accused who is the wife s younger brother of the deceased used to assist him in digging burial pits since about six months prior to the date of offence and they were sharing the collections. As per the version in Ex. P-1, on 8-3-1989, the accused engaged himself in vending ice-cream and in his absence, the deceased dug a burial pit and appropriated the amount received exclusively without sharing with the accused. On the evening of 9-3-1989, the appellant and the deceased proceeded to the toddy shop of P. W. 6 and consumed toddy. Not being satisfied with it, they went to another nearby shop of P. W. 7 and consumed arrack at about 7-00 p. m. After the drink, the accused demanded his share of collections received on 8-3-1989 for which the deceased refused. There was heated exchange of words between the accused and the deceased. Thereupon, P. W. 7 asked them to get away from the shop. Shortly thereafter, P. W. 2, a relation of the deceased and his wife saw the accused holding late Imam Saheb by placing a towel around the neck near M. G. Brothers lorry office and further saw him holding and twisting the hand of Imam Saheb. They also noticed the accused

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