- (1.) This appeal is directed against the judgment and order dated 28th June, 2007 whereby Criminal Appeal No.1825 of 2005 arisen out of conviction of the appellant recorded under Section 302 IPC by the V Additional Sessions Judge, West Godavari District, Eluru in Sessions Case No.326 of 2001, is dismissed.
(2.) Prosecution story in brief is that on 06.01.2000, the appellant was taking Accused No.2 Kanaka Durga on a bicycle towards Galayagudem at about 8 p.m. The deceased Nagabhushanam stopped the two as they were not married. This resulted in heated exchange of words between the appellant and the deceased and the appellant took coconut cutting knife (M.O.2) from bicycle and gave blows on the person of the deceased. Nagabhushanam died of injuries suffered by him. Before his death, he made dying declaration to the Pws -1, 2, 3, 4, 7 and 8. PW -1 lodged the First Information Report, on the basis of which Crime No.2 of 2000 was registered and after investigation charge -sheet was filed against the appellant and co -accused Kanaka Durga for their trial in respect of the offences punishable under Section 302/34 IPC.
(3.) The Trial Court on conclusion of the trial convicted the appellant and acquitted the co -accused. The High Court dismissed the appeal of the appellant and affirmed his conviction and sentence recorded by the trial court.;