JUDGMENT

V.S. Sirpurkar, J. —

1. Appellant Maloth Somaraju challenges the judgment of the High Court whereby the High Court allowed the State appeal challenging the acquittal by the Trial Court. He was tried for the offence punishable under Section 302, IPC on the allegation that on 15.05.1999 at about 2 a.m. at night he committed the murder of his elder brother Maloth Krishna (hereafter referred to as “deceased” for short) by causing his death with an axe injuring his temporal region, nose and face which ultimately resulted in his death.

The prosecution story in short conspectus

Deceased was a worker in Singereni Collaries. He used to go for his duty at about 12.30 p.m. at night every day. On the fateful day, he did not go for his duty. At the time when the incident happened, he was sleeping on his cot along with one son. It is the prosecution case that besides him was another cot on which his wife Heeramani (PW-1) was sleeping along with another son. Besides these two cots, there was another cot on which was one Haridas (PW-9) who was the cousin of Heeramani (PW-1) was sleeping.

2. It is the case of the prosecution that at that time suddenly the appellant came and assaulted Krish