( 1 ) THIS Criminal Appeal is directed against the judgment dated 22-1-1999 passed in S. C. No. 136 of 1996 on the file of the assistant Sessions Judge, Medak whereby and where under the learned Assistant Sessions Judge found accused-Tatigari Durgaiah guilty of the offence punishable under Section 307 I. P. C. and convicted him accordingly and sentenced him to suffer Rigorous imprisonment for four years and to pay a fine of Rs. 300/- in default to suffer Rigorous Imprisonment for six months.

( 2 ) THE prosecution case in brief is :-PW-3-T. Ushaiah and accused-Tatigari Durgaiah are residents of Bacharam village. On 3-2-1995, PW-3 along with his brother PW-2 went to his field to graze cattle. The accused also came to the field along with cattle. The accused allowed his cattle to graze in the field of PW-3. Thereupon, PW-3 asked the accused to drive the cattle away from his field to avoid fight between his cattle and the cattle of the accused. The accused allegedly got annoyed and abused PW-3 in filthy language. He caught hold the collar of PW-3 and stabbed him with M. O. . 1-knife on left ribs. PW-1 who happened to be nearby the field came in rescue of PW-3 and prevented the accused

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