JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of the Division Bench of the Andhra Pradesh High Court upholding the conviction recorded by III Additional District and Sessions Judge, Ranga Reddy District, holding the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short `IPC) and sentencing him imprisonment for life.

2. Background facts in a nutshell are as follows: The accused Munigadapa Meenaiah is native of Thimmapuram, Bommalaramaram of Nalgonda District. He was doing fruit business at Medchal. Ten years back, his younger brother Mallaiah died. After demise of Mallaiah, his wife Yellamma (hereinafter referred to as the `deceased), along with her two sons took shelter at the house of the accused. During that period, he developed illegal intimacy with the deceased and both were living together and her sons were living separately. Suspecting the fidelity of the deceased, the accused used to pick up quarrels with her, as a result of which, he separated and took another portion at Medchal.

While so, the accused hatched up a plan to liquidate the deceased. On 3.6.2001 at about 9.00 A.M. the accused went to the house of deceased and invited her to house to consume toddy and both of them went to the toddy shop of PW 2, purchased two bottle of toddy and brought the same to his house in a tumbler and both of them consumed toddy. While consuming toddy, the accused picked up quarrel with the deceased on the ground of her chastity. As a consequence of which the deceased grew wild and abused him by denying the allegations of illegal contacts with others. On that, the accused brought a pestle and murdered the deceased by hitting the same on her head and laid the body on the road in front of his house, cleaned the blood stains in the room and tried to obliterate the scientific evidence so as to throw the suspicion on other persons. On the report given by P.W.1, a case in Cr. No.117 of 2001 of Medchel Police Station was registered for the offence under Section 302 IPC and after completion of investigation, charge sheet was filed.

Accused abjured guilt and demanded trial. The prosecution examined 10 witnesses, and marked Exs P 1 to P 21 and Mos 1 to 5. On the other hand, no oral evidence was adduced on behalf of the accused, Ex. D1 contradiction was marked. After scrutinizing the entire material on record and after hearing the learned counsel on both sides, the learned District Judge found the accused guilty of the offence punishable under Section 302 IPC, convicted and sentenced him to suffer imprisonment for life.

3. The Trial Court placed reliance on the evidence of PWs. 1 and 10 who spoke to have seen the deceased last in the company of the appellant. Reference was also made to the evidence of PW5 relating to certain recoveries by PW. 19. PW 2 also deposed to have seen accused and deceased together when they purchased toddy and thereafter the dead body of the deceased was found in front of the house of the accused with injuries on her head and other parts of the body. As noted above, the learned Trial Court found the accused guilty.

4. Before the High Court the stand was that PWs. 1 and 10 are sons of the deceased and are interested witnesses and should not have been believed. It was also submitted that the circumstances highlighted do not make a complete chain of circumstances. The High Court did not find any substance in the plea and dismissed the same by the impugned judgment.

5. In support of the appeal learned counsel for the appellant reiterated the stands taken before the High Court.

6. In response, learned counsel for the State supported the judgment of the Trial Court and the High Court.

7. We shall first deal with the contention regarding interestedness of the witnesses for furthering prosecution version. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and ma