The appellant/accused was convicted by the VI Additional Sessions Judge (Fast Track Court), Anantapur by judgment dated 20.2.2004 in Sessions Case No.862 of 2002 of the offence under Section 304 Part-71 I.P.C and sentenced him to rigorous imprisonment for 10 years and fine of Rs.100/-; and was also convicted of the offence under Section 448 I.P.C. and was sentenced to rigorous imprisonment for one month. Questioning the same, the accused filed this appeal.

2. It is the prosecution case that on 28.5.2002 at about 2.30 p.m. when the deceased Sunkanna along with his brother Sriramulu (PW 1) went to house of PW2, the accused went there arn1ed with M07 sickle and M08 pestle (chutney pounder) and that the accused questioned the deceased as to why he developed illicit intimacy with his wife and attacked the deceased with the said weapons causing bleeding injuries and that the deceased/injured was taken to Government Hospital, Uravakonda, where PW11 gave first aid and advised to take the injured to Government Hospital, Anantapur and that on the way to Anantapur, the deceased succumbed to injuries at Penna Ahobilam. Plea of the accused is one of total denial and not guilty. He did no