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2023 Supreme(AP) 35

C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Koyya Appa Rao, Vizianagaram – Appellant
Versus
P. P. , Hyd – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G VIJAYA SARADHI

JUDGMENT :

C.Praveen Kumar, J.

The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973 assailing the conviction and sentenced imposed in Sessions Case No.165 of 2014 by the learned Principal Sessions Judge, Vizianagaram.

2. The sole accused herein was tried for the offence punishable under Section 302 I.P.C. Vide judgment, dated 29.06.2015, the accused was sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment for a period of one month.

3. The graveman of the charge levelled against the accused is that on 17.04.2014, at about 01.30 p.m., in Lankalapallipalem Village, the accused hacked one Nakkana Appanna (hereinafter, referred to as “the deceased”) with a knife near his neck causing bleeding injuries leading to his death.

4. The case of the prosecution, in brief, is as under:

P.W.1 is the son of the deceased. P.W.2 is the younger brother of P.W.1 and one Bangaramma is his mother. P.W.3, who is a resident of Resupeta Village of Poosapatirega Mandal, toddy tapper by profession, knows the deceased and P.W.1. On the date of incident i.e., on 17.04.2014, at about

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