( 1 ) THE sole accused in S. C. No. 480 of 2003 on the file of II Additional Sessions Judge, nalgonda, at Suryapet filed this appeal under section 374 (2) of Criminal Procedure code 1973 challenging the conviction imposed on him under Section 302 IPC and sentence of imprisonment for life and to pay a fine of rs. 500/- in default, to suffer rigorous imprisonment forone month, through judgment dated 27-10-2004.

( 2 ) THE case of the prosecution in brief is as follows:

The accused, deceased and all the material prosecution witnesses are residents of jarripothulagudem. P. W's. 1 and 2 are the brothers of the deceased. P. W. 3 is the wife of the deceased. P. W's. 4 to 7 are chance witnesses to the occurrence. On 18th March, 2003 at 7. 30 p. m. , while the deceased was going to attend toddy work with Musthad which is use for toddy work. One sickle is inserted in the Musthad while he was going the accused at thetime came in opposite direction and took the sickle from the Musthad of the deceased and stabbed the deceased in stomach. P. W's 4 and 7 witnessed the same and made huge cries. Upon hearing of same p. W. 1 went to the spot forthwith and witness that the deceased was in unconscious and fall in pool of blood. Public gathered at the time of incident along with P. W. 4, P. W. 7 and P. W. 8. P. W. 1 enquired with P. W's 4 and 7 about the matter and, P. W. 1 came to know that the accused stabbed the deceased with sickle. Immediately they shifted the deceased to kodad hospital, as thedeceased was in serious condition. They shifted the deceased from kodad hospital to Khammam hospital, there after examination, declared as deceased already died. Next day of the incident morning at about 9. 00 a. m. P. W. 1 gave a complaint to p. S. Chilkoor. Ex. P-1 is the complaint. On 19-03-2003 at about /-00 a. m. P. W. 13, S. I of police, Chilukur P. S. received complaintf rom p. W. 1 and registered it as Cr. No. 21/03 for the offence punishable U/s. 302 I. P. C. Ex-P-7 is the F. I. R. P. W. 14, C. I. of Police, Kodad after receiving the information in Cr. No. 21/2003, he visited the Jerripothulagudem and examined the witness P. W's. 1 to 8. P. W. 14 conducted inquest over the dead body of the deceased before the presence of P. W's. 9 and 10. He sent the dead body for Post-Mortem examination, and visited the scene of offence and prepared the rough sketch of the scene of offence in the presence of P. W's. 9 and 10. Ex. P-3 is the scene of offence Panchanama. He collected the biood stained earth and controlled earth on the spot, and sent to FSL, hyderabad. On 21-3-2003 on reliable information, P. W. 14 visited the jarripothuiagudem and apprehended the accused at the house of his brother-in-law. The accused confessed in the presence of p. W. 11 and another. In pursuance of the confession P. W. 14 seized M. O. 1 Knife. Thereafter accused are sent for remand. P. W. 12, Medical Officer, Government community Health Centre, Kodad received requisition from P. W. 14 C. I of Policeforconduct autopsy. P. W. 12 conducted autopsy over the dead body of the deceased and opined that the cause of death is due to cardio respiratory arrest due to Haemoperatoriurn due to blunt injury abdomen. Ex. P-6 is the Post-Mortem examination report. After receiving the P. M. E. report and FSL report P. W. 14 filed the charge sheet.

( 3 ) THE charge leveled against the accused is that on 18-3-2003 at about 7. 30 p. m. when the deceased Gandu Saidulu was going towards toddy trees for tapping, the accused and one Ramshetti Narayana (P. W. 4) came in the opposite direction to the deceased and when all of them reached the kirana shop of one Venkateswarlu (P. W. 8), the accused snatched the knife from the waist of deceased and tried to attack on Kandukuri Nagaiah (P. W. 5) and on seeing the same, Kandukuri nagaiah escaped from the scene and when the deceased asked him to return the knife, he picked up a quarrel and stabbed him with the knife on the abdomen as a result o