JUDGMENT :

Akula Venkata Sesha Sai, J.

1. Accused No. 1 in Sessions Case No. 59 of 2013 on the file of the Court of Special Judge for Trial of Cases under S.Cs and S.Ts (POA) Act-cum-Additional District and Sessions Judge, Vizianagaram, is the appellant in the present Criminal Appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973.

2. By way of judgment, dated 03-02-2014, the learned Sessions Judge convicted the appellant/accused No. 1 for the offence punishable under Section 302 IPC and acquitted the accused No. 2 and 3.

3. The case of the prosecution, in nutshell, is as follows:-

Accused Nos. 1 and 2 are sons of Accused No. 3. According to the case of the prosecution, Pw.1 is the elder brother of the deceased-Sukuru Kannya and marriage of Accused No. 1 with Pw.10 took place at the instance and mediation of the deceased. Festival of Samalamma had taken place at Kudumuru Village of Pachipenta Mandal in the year 2013. On 20-02-2013, Pw.1, deceased-Sukuru Kannayya and Pw.2 went to the said festival along with ten other villagers and when Pw.1 was seeing the Burrakatha, the deceased left the place in the middle of the programme by informing that he was leaving to th