Y. BHASKAR RAO, J.

( 1 ) THE sole accused in Sessions Case No. 43 of 1991 on the file of the Metropolitan sessions Judge, Vijayawada is the appellant herein and he filed this appeal assailing his conviction under Section 302 of IPC and sentence of imprisonment for life and to pay fine of Rs. 10,000/- and in default to undergo S. I for a period of one year and also under Section 392 of IPC and sentence of R. I for 10 years and to pay a fine of Rs. 5,000/- and is default to undergo S. I. for a period of six months. The sentences of imprisonment for both the offences were directed to run concurrently by the Lower Court.

( 2 ) THE gravamen of the charge is that the appellant/accused while travelling innarsapur-Hyderabad Express on 6-11-1990 atabout8. 30 P. M. , while the train was on platform No. 1 of Gudivada Railway Station gave drink mixed with poison with a view to rob the money of Namuluri Venkata Naga Subbarao (hereinafter called the deceased ) which was carried with him in a suit case.

( 3 ) THE brief facts of the case of the prosecution as deposed by P. Ws. 1 to 6 are that the deceased - Namuluri Venkata Naga Subbarao - was resident of vijayawada and was workingas Sales Repres

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