JUDGMENT :

This Criminal appeal is directed against the judgment, dated 05.01.2009 in S.C.No.185 of 2008 on the file of the Court of District and Session Judge, Chittoor (for short, "the learned Sessions Judge"), where under the learned Sessions Judge found the appellant-accused guilty of the offence under Section 304 Part-II of the Indian Penal Code, 1860 (for short, "the IPC") as against the original charge under Section 302 of the IPC, convicted him under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.") and after questioning about the quantum of sentence sentenced him to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs.500/- in default to suffer Simple Imprisonment for three (3) months and that remand period shall be set of against the sentence under Section 428 of Cr.P.C.

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

3. (i) The S.C.No.185 of 2008 arose out of committal order in P.R.C.No.19 of 2008 on the file of Judicial Magistrate of I Class at Kuppam, pertaining to Crime No. 69 of 2007 of S.H.O., Rallabudugu for the offence