D. S. R. Varma, J.

( 1 ) HEARD the learned counsel for the appellant-accused as well as the learned Public prosecutor, appearing for the respondent-State.

( 2 ) APPELLANT is the sole accused in the sessions Case.

( 3 ) THIS Criminal Appeal, under section 374 (2) of the Code of Criminal procedure, is directed against the judgment, dated 29-07-2005, in Sessions Case No. 4 of 2005, passed by the IV Additional District and sessions Judge, Visakhapatnam, convicting the appellant forthe offence punishable under section 302 of the Indian Penal Code (for brevity "ipc") and sentencing him to suffer imprisonment for life and to pay a fine of rs. 100/- in default to suffer rigorous imprisonment for one month.

( 4 ) THE gravamen of the charge is that there were disputes between the accused and the deceased regarding sale of land; that, on 23-11-2001, at bout 3. 00 p. m. the accused beat the deceased with a stick on his head and the deceased fell down on the ground; that thereafter the accused hacked the deceased with knife on his neck and head, causing bleeding injuries, as a result of which the deceased died instantaneously.

( 5 ) IN order to bring home the guilt of the accused, the pros

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