JUDGMENT :

A.V. RAVINDRA BABU, J.

1. This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C’) is filed by the appellant, who was the accused in Sessions Case No. 129 of 2007, on the file of the Court of II Additional Sessions Judge, Kadapa at Proddatur (for short ‘the learned Additional Sessions Judge’) challenging the judgment, dated 26.07.2010, where under the learned Additional Sessions Judge found the accused guilty of the offence under Section 304(Part-II) of the Indian Penal Code, 1860 (for short ‘IPC’) as against original charge under Section 302 IPC, and accordingly after questioning him about the quantum of sentence, convicted him under Section 235(2) Cr.P.C. and sentenced him to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.500/- in default to suffer Simple Imprisonment for fifteen days for the offence under Section 304 (Part-II) IPC.

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

3. Sessions Case No. 129 of 2007 before the learned Additional Sessions Judge, arose out of committal order in PRC No. 7 of 2007 on the