JUDGMENT

CHINNAPPA REDDY, J.

( 1 ) THIS appeal has been filed under S. 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The appellant was acquitted by the learned Additional Sessions Judge, Chittor of an offence under S. 302, Indian Penal Code The acquittal was reversed by the High Court of Andhra Pradesh and the appellant was convicted under S. 302, Indian Penal Code and sentenced to suffer imprisonment for life.

( 2 ) THE deceased Subhadramma was the wife of the appellant. They were married about one and a half years before the occurrence. About three months before the occurrence the deceased gave birth to a female child in the house of the accused at Cherlopalle. After the 9th day the mother and child, according to customary practice, were taken by the mother of the deceased to her house at Krishna Kalva Cherlopalle is about 25 miles from Krishna Kalva. The accused used to visit his wife and often used to stay in the house of the deceaseds mother. After about one and a half months the accused asked his mother-in-law and brother-in-law to send his wife to his place. They replied that she had only delivered a child recently and that she would be sent to her husbands house in the fifth month. On 18th Dec. , 1972, according to the case of the prosecution the accused once again requested his mother-in-law to send his wife to his house. This time he also brought with him P. W. 8 an elderly gentleman from his village. His mother-in-law P. W. 2 told him that she would send the girl in the fifth month as she had not yet regained her health after delivery. The accused and P. W. 8 went away. That evening the accused again came to the house of his mother-in-law. After dinner all of them went to sleep. The house consisted of only one room. The accused, the deceased, her brother P. W. 1, her mother P. W. 2 and her grand-mother P. W. 3 were all sleeping in the room. In the middle of the night P. Ws. 1, 2 and 3 were awakened by the cry "amma" raised by Subhadramma. On waking up they saw the accused sitting by the side of the deceased with a knife in his hand. They found the deceased bleeding profusely from the left side of her chest. P. W. 1 put his foot on the hand in which the accused was holding the knife. The accused dropped the knife which was then picked up by the grand-mother P. W. 3. Attracted by the cries raised by P. Ws. 1 to 3, the neighbours P. Ws. 4, 5, 6 and others came there. They caught hold of the accused and tied him to a pole in front of the house by means of a rope. Some of the villagers who had gathered there also gave a beating to the accused. P. W. 1 proceeded to the house of P. W. 9 the Village Munsif and reported the occurrence to him. P. W. 1 affixed his thumb impression on the report Ex. P-1 prepared by P. W. 9. P. W. 9 then proceeded to the house of P. W. 1 where the blood stained knife M. O. 1 was handed over to him. Thereafter, P. W. 9 prepared his own report Ex. P-4 and sent it along with Ex. P-1 and M. O. 1 to the Police Station at Renigunta. P. W. 14, the Sub-Inspector of Police registered the First Information Report at 5 A. M. on 19th Dec. 1972 and went ahead with the further investigation which was later taken over by the Inspector of Police P. W. 15. When the Police Officers went to the village, they found the accused tied to a pole. They arrested him and found that he had injuries on his person. They got him examined by a Doctor. After holding the inquest the dead body was sent for post mortem examination. The Medical Officer, P. W. 12 who conducted the autopsy, found on the dead body a stab wound over the left axilla 6 cms. below the arm pit 1. 75 cms x 0. 5 cm nearly horizontal. The stab injury had gone through the third inter-costal space and through the upper lobe of the left lung in an upward and medial direction. The upper lobe of the left lung had been cut through and through, and had collapsed. P. W. 13 the Medical Officer who examined the accused found sever