- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Andhra Pradesh High Court upholding the conviction of the appellant (hereinafter referred to as Accused No.1 ") for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ') and sentence of imprisonment for life and fine of Rs.200/- with default stipulation.
(3.) Background facts as projected by the prosecution are as follows: Accused persons D. Sailu, Ramaiah, D. Pentamma and Yadaiah are described as A-1, A-2, A-3 and A-4. Samuel (hereinafter referred to as the deceased) was the husband of Shantamma (P.W.1). A-1 is the son of the elder brother of the deceased, A-2 is the father of A-1, A-3 is the wife of A-2 and A- 4 is the younger brother of A-1. The deceased and the accused were not on good terms as they quarrelled with each other over bore water for the fields. Fifteen days prior to the date of incident, the accused and the deceased quarrelled with each other. On the date of incident i.e. 24.11.1999 at about 8.00 P.M., A-1 asked the deceased as to why he (deceased) scolded the mother of A-1. The deceased told him that he did not scold his mother. Then P.W.1, the wife of the deceased, caught hold of the hands of A-1. A-4, the younger brother of A-1, came and attempted to beat the deceased. P.W.1 pushed the younger brother of A-1. A-2 beat P.W.1 with hands and A-1 stabbed the deceased at the instigation of A-2 with a knife on the left side of the stomach. As a result, the deceased fell down. A-3 also came there along with A-2 and beat P.W.1. Thereafter, the deceased was taken to the Sangareddy Hospital in an auto.;