JUDGMENT :

The judgment, dated 09.03.2010, in Sessions Case No.53 of 2009 on the file of the Court of VI Additional Sessions Judge (Fast Track Court), East Godavari District, Rajahmundry (for short, ‘the learned Additional Sessions Judge is under challenge in this Criminal Appeal filed by the appellant.

2. Originally, the appellant herein faced charge in the aforesaid Sessions Case under Section 302 of the INDIAN PENAL CODE , 1860 (for short, ‘the IPC’) in alternative under Section 304-B IPC, and the learned Additional Sessions Judge, after completion of trial, found the accused guilty of the offence under Section 304(Part-II) IPC i.e., culpable homicide not amounting to murder, as against the original charge under Section 302 IPC or alternatively Section 304-B IPC and accordingly convicted him under Section 235(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to suffer Rigorous Imprisonment for four (4) years.

3. Felt aggrieved of the same, the unsuccessful accused therein filed the present Criminal Appeal.

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

5. The Sess