According to the prosecution, there was some dispute between the deceased and his father and on the date of occurrence, the appellant was quarrelling with his father when the deceased came there and intervened in the struggle and pushed aside the appellant.
The trial Court had companyvicted the accused under Section 304 1 of I.P.C. and sentenced him to 5 years R.I. on the ground that as the assault to the deceased was caused by the appellants due to sudden and grave provocation his case fell within the ambit of Section 304 1 of I.P.C. We have heard Counsel for the parties and have also gone through the judgement of the Courts below.
As a result of these injuries the deceased died.
Thereafter the appellant went into his room and came with a knife and inflicted two stab injuries one on the chest and the other on the left side of the abdomen of the deceased.
Murtaza Fazal Ali, J. The appeal by special leave is directed against the judgment of the Andhra Pradesh by which it set aside the acquittal of the appellant under Section 302 and companyvicted the appellant under the said section to imprisonment for life.
