SYED SHAH MOHAMMED QUADRI, J.

( 1 ) THE sole accused in Sessions Case No. 9 of 1991 on the file of the Metropolitan Sessions Judge, Vijayawada, was tried for the offence under S. 302, I. P. C. for committing the murder of Bolem Sai Babu, hereinafter referred to as the deceased , at about 4. 30 p. m. , on 14/04/1991 when the deceased was about to tap toddy from the palmyra tree of Bolem Raghavulu which is situated on the irrigation channel bund near the field of Kolli Ramakrishna Rao of Mudunuru village. On 23-3-1992 the learned Metropolitan Sessions Judge convicted the accused of the said offence, sentenced him to death by hanging and referred the case to this Court for confirmation of the sentence.

( 2 ) THE accused filed Criminal Appeal No. 292 of 1992 against the judgment of the learned Metropolitan Sessions Judge, dated 23-3-1992. The accused will hereinafter be referred to as the appellant .

( 3 ) THE case of the prosecution is that there is a co-operative society of tappers in Mudunur village. The appellant and one Raghavulu were among its 14 members and the deceased was the President of the said society. The appellant is a close relative of the deceased. The said Raghavulu

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