R. C. Lahoti, J. - (1.)The accused-appellant has been held guilty of an offence punishable under Section 302, IPC and sentenced to imprisonment for life and also to pay a fine of Rs. 2000/- and in default to undergo simple imprisonment for six months by the trial Court. The conviction and sentence have been maintained by the High Court. The accused has filed this appeal by special leave.
(2.)The charge found proved against the accused-appellant is of causing the death of one Pedapati Basavaiah on 11-9-1993 at 3.30 p.m. in village Kondamudupalem.
(3.)The deceased was the uncle of the accused. There are four eye-witnesses to the incident. PW-1, an eye-witness, is brother-in-law of the deceased. PW-2, PW-3 and PW_7, the three other eye-witnesses are independent eye-witnesses being villagers having their land in the vicinity of the scene of occurrence and not related to either the accused or the deceased. The deceased had executed a deed of settlement in favour of the accused in respect of certain property belonging to the deceased. Such settlement was not to the liking of PW-5, the daughter of the deceased. She had filed a civil suit laying challenge to the validity of the deed of settlement wherein the accused and the deceased were impleaded as parties. This civil litigation had resulted in the relations between the accused and the deceased being strained. It is on account of such strained relationship that the accused on the fateful day inflicted a blow on the left side of the head of the deceased with a heavy stick. The deceased fell down and was then dragged by the accused. Thereafter also the accused caused some more injuries on the person of the deceased.