P. S. NARAYANA, J. ( 1 ) HEARD both the counsel. ( 2 ) THIS appeal is filed by the appellant- accused as against judgment made in S. C. No. 393 of 1996 on the file of the Court of sessions Judge, Nellore. The accused was charged with 302 IPC in Cr. No. 126 of 96 of iii Town Police Station (Law and Order), nellore. On appreciation of evidence of p. Ws. 1 to 11, Exs. P-1 to P-8, MOs. 1 to 7, the accused was found guilty under section 304, Part-ll of IPC and convicted and sentenced to undergo rigorous imprisonment for a period of five (5) years. It is also brought to the notice of this Court that the appellant- accused had already completed the period of imprisonment imposed by the leaned Judge. ( 3 ) THE case of the prosecution, in brief, is as follows:"the accused is a resident of Kapadipalem and Rowdy Sheeter No. 88/89 of III Town police Station, Nellore. The deceased chinnaiah alias Chinnappa was a resident of peddabavi street, Kapadipalem, Nellore and beggar by profession. The scene of offence is situated at Pinakini Municipal Park, upparapalem, Ranganayakulapet, Nellore, which is in the limits of III town police station, nellore and within the jurisdiction of Nellore sessions Division. P. W. 1 is a resident of railway Feeders Road, Nellore. The deceased is the grand father of P. W. 1. The deceased Batta Chinnaiah was doing lathe work and his wife died about 10 years back and since then the deceased stopped his lathe work and in view of his old age, he was living by begging and staying at Pinakini municipal Park, Ranganayakulapet, Nellore. On 25-09-1996 at about 11. 00 hours the accused who is a Rowdy element went to the deceased Chinnaiah and demanded him to give money which was begged and preserved by the deceased. The deceased who was sitting under an Ashok tree refused to give money to the accused. Then the accused grew wild against the deceased and decided to kill the deceased to take away the money with him. Then the accused took a babul tree stick and beat the deceased all over his body indiscriminately. In pursuance of his intention, the accused took a piece of cement concrete and beat the deceased on his face. P. W. 2 who witnessed the same intervened to save the deceased. Then the accused took a babul tree stick and beat the deceased all over his body indiscriminately. In pursuance of his intention, the accused took a piece of cement concrete and beat the deceased on his face. P. W. 2 who witnessed the same intervened to save the deceased. The deceased informed p. W. 2 that the accused demanded him to give money and as he refused to do so, the accused is beating him. Then P. W. 2 chastised the accused and tried to push him. But the accused pushed P. W. 2 as a result p. W. 2 fell on the ground portion by the side of the tree. Then the accused again took babul tree stick and bet the deceased indiscriminately all over the body by abusing him and the deceased and P. W. 2 raised cries. Then the accused ran away. On hearing the cries, Arani Mitra the Watchman of pinakini Municipal Park, P. W. 4 and P. W. 5 rushed to the scene of offence, noticed the accused while he was running away towards kiran Theatre. The deceased received injuries over his right parietal and occipital region, over the left ear, left temporal region, in front of the middle of left ear, over right cheek and below the left castal margin in midclavecular line and fell unconscious. P. W. 1 who heard the cries from the Pinakini Municipal Part, rushed to the scene of offence and noticed the deceased while he was in an unconscious state. P. W. 1 shifted the deceased to the government Head quarters hospital, Nellore in an Auto. P. W. 10 the Head Constable of III town police station, Nellore on information went to the Government Head quarters hospital, Nellore, recorded the statement of p. W. 1 as the deceased was unconscious and returned to III town police station, Nellore. The deceased while undergoing treatment died in the hospital at about 13. 30 hours on 25-09-1996. P W. 10 who received the death intimation registered a case in Crime no. 126/96 of III town police station (Lando), nellore and issued first Information Report. The deceased while undergoing treatment died in the hospital at about 13. 30 hours on 25-09-1996. P W. 10 who received the death intimation registered a case in Crime no. 126/96 of III town police station (Lando), nellore and issued first Information Report. P. W. 11 the Inspector of Police, Nellore took up investigation, visited scene of offence in the presence of P. W. 7 and one Syed Shiraj, seized one pair of slippers, one towel, one plastic soap box, plastic comb, two pieces of concrete stones, one babul tree stick and cash of Rs. 14, 30 underacover of observation report and later held inquest over the dead body of the deceased in the presence of p. W. 7, Bandi Chinnaiah and Arava Mani and examined the witnesses and got photographed the deceased at mortuary room by Kancherla Sankaraiah and then arrested the accused and sent him for remand. P. W. 8 conducted post-mortem overthe dead body of the deceased in the presence of p. W. 10 and P. C. 1367 P. Srinivasa Raju and issued post-mortem certificate Ex. P-6. " ( 4 ) THE II Additional Judicial Magistrate of class, Nellore had taken the case as p. R. C. No. 47 of 1996 and the same was committed to the Court of Sessions. The prosecution examined P. Ws. 1 to 11 and exs. P-1 to P-8 and Mos. 1 to 7 were marked. The learned Judge had appreciated the evidence available on record in detail. P. W. 1 is the grand-son of the deceased who went to the scene of offence and found chinnaiah-deceased with injuries, but, he does not know who caused the injuries to the deceased. He gave Ex. P-1 report to the police. P. W. 2 deposed that he knows the deceased and the accused and in the year 1996 the accused beat the deceased chinnaiah in Pinakini park, Nellore with hands on the body and with a stone on the head of the deceased and the deceased Chinnaiah was a beggar and collecting the amounts by begging and staying in the park. This witness also deposed about P. W. 1 coming to the scene of offence and taking deceased to the hospital and other details. This witness, in fact, was cross-examined at length. The wife of watchman of Pinakini Municipal park, nellore was examined as P. W. 3. This witness also deposed about P. W. 1 coming to the scene of offence and taking deceased to the hospital and other details. This witness, in fact, was cross-examined at length. The wife of watchman of Pinakini Municipal park, nellore was examined as P. W. 3. She deposed that her husband died and she was working as watchman in Pinakini park situated in Ranganayakulapet, Nellore. She knows deceased-Chinnaiah who was staying in the park and he was a beggar and collecting money and was staying in the park. The deceased-Chinnaiah received injuries while he was staying in the park at the time of the incident. No doubt, she deposed that she was not in the house and while she was returning to her house situated in the park, number of persons gathered there and she enquired the persons who were gathered there and they informed her that the accused caused injuries to the deceased and P. W. 1 shifted the deceased to the hospital. ( 5 ) P. W. 4 is the rickshaw puller who was declared as hostile. P. W. 5 also was declared hostile. The evidence of P. W. 6, P. W. 7 and also P. W. 8 Civil Asst. Surgeon, P. W. 9 constable, P. W. 10, Head Constable and p. W. 11 Circle Inspector of Police had been discussed in detail and findings had been recorded at Paragraph Nos. 15, 17, 18 and 19 of the judgment and ultimately, the learned judge arrived at a conclusion that the guilt of the accused under Section 302 IPC is not established and convicted him under section 304 part-11 IPC. ( 6 ) IN view of the clear findings recorded by the learned Judge, this Court is of the considered opinion that the said findings need not be disturbed in any way and the findings are hereby confirmed. In view of the fact that the appellant-accused had served the sentence already, the sentence imposed also is hereby confirmed. ( 7 ) ACCORDINGLY, the criminal appeal shall stand dismissed.