JUDGMENT

A.V. Ravindra Babu, J. - This Criminal Appeal is filed by the appellant, who was the Accused in Sessions Case No.333 of 2007, on the file of Sessions Judge, Krishna Division, Machilipatnam ('Sessions Judge' for short), challenging the judgment, dated 23.07.2009, where under the learned Sessions Judge, found the accused guilty of the offence under Section 304 Part-II of Indian Penal Code ('I.P.C.' for short) as against the original charge under Section 302 of I.P.C., convicted him and sentenced him to suffer rigorous imprisonment for five years.

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The Sessions Case No.333 of 2007 arose out of a committal order in P.R.C.No.1 of 2006, on the file of Judicial First Class Magistrate, Jaggaiahpet, pertaining to Crime No.8 of 2006 of Chillakallu Police Station, under Section 302 of I.P.C.

4. The case of the prosecution, in brief, according to the charge sheet filed by the Inspector of Police, Jaggaiahpet Circle as above, is as follows:

(i) The accused is resident of Mallareddygudem Village, Mellacheruvu Mandal, Nalgonda District. He is residing at Chill