( 1 ) THE appellant is the accused in Sessions Case No. 87 of 1983 on the file of the II Addl. Sessions Judge, Guntur who convicted him under S. 302 I. P. C. and sentenced him to undergo imprisonment for life. The accused was tried for an offence punishable; under S. 302 I. P. C. for causing the death of Mannem Krishna Murthy (who will hereinafter be referred to as the "deceased" ). As a result of the injury caused to the deceased by the accused at 6. 30 p. m. on 20-12-1982 he died on 25-12-1982 in the Government General Hospital, Guntur. The case of the prosecution in brief is as follows :

( 2 ) P. W. 1 and the deceased originally belong to Gurazala. Since two years prior to the date of incident, they were residing at Vinukonda. P. W. 1 was doing commission business in paddy while the deceased was doing clerical work in auditing the books of some business people. The deceased was also one of the nine partners in the amusing park at Vinukonda. The accused who belongs to Kallagunta, near Macherala was also residing at Vinukonda prior to date of occurrence. At about 4. 00 p. m. on 20-12-1982 P. W. 1 was going to Bazar from his house. On his way to the Officers club, P. W.