RAMESH MADHAV BAPAT, J.

( 1 ) THE sole accused in Sessions Case No. 128 of 1998, which was decided by the Learned iii Additional Sessions Judge, Kakinada, is the appellant herein. The accused-appellant was tried for an offence punishable under section 302 of the Indian Penal Code for causing the murder of (1) his mother, subbayyamma (D1), (2) his brother satyanarayana (D2) and (3) his sister-in- law Parvathi (D3) by hacking them with a knife on 8-12-1997 at 3. 00 a. m. , at A. K. Mallavaram village. On evidence, the learned Judge found the accused-appellant guilty and, therefore, sentenced him to suffer imprisonment for life and to pay a fine of rs. 10,000/-, in default to suffer simple imprisonment for six months.

( 2 ) THE prosecution story can be briefly narrated as follows : PW3 was the mother- in-law of Satyanarayana (D2 ). Her daughter parvathi (D3) was given in marriage to satyanarayana (D2 ). The accused was the elder brother of Satyanarayana (D2 ). The accused along with his wife and children were staying in a portion of a house, whereas D2 was staying in another portion of the house along with his wife and mother. There were disputes between the accused on one hand and his brother D2 and subbayamma (D1) on the other hand. Both filed suits against each other. PW9 happened to be an Advocate appearing for the deceased in those civil suits and he spoke about the civil litigation between the parties.

( 3 ) PW1 happened to be a VAO, at a. K. Mallavaram. PW2 was the village servant. According to PW1, on 8-12-1997 at about 5. 00 a. m. , the accused came to his house in his hand and informed him that in the afternoon of the previous day, there was a dispute between himself and his brother satyanarayana (D2) and the accused also confessed about the killing of all the three deceased. At the time of this confession, pw2 was also there with him. According to pw1, he recorded the statement of the accused, which was signed by the accused. PWs. 1 and 2 also signed as attestors. Ex. P1 is the statement recorded by PW1. PWs. 1 and 2 took the accused to Gollaprolu Police station. PW14, Inspector of Police, received the statement, Ex. P1, along with the report of the VAO, which is marked as ex. P2. PW14, on the strength of Ex. P1, registered the case in Crime No. 131/1997 against the accused-appellant under section 302 IPC, and issued copies of the fir, to all the concerned.

( 4 ) PW14 examined PW1 and seized mo4-knife and MO5-half pant in the presence of PW10 under mediator s report, which is marked as Ex. P15. Thereafter, pw14 visited the scene of offence along with PWs. 1 and 4. He prepared an observation report, Ex. P3 and rough sketch, ex. P24. He got the scene of offence photographed with the help of PW7 in the presence of PWs. 1 and 11. PW14 conducted inquest over the dead body of the deceased. thereafter, the dead bodies were sent to the Government Hospital, pithapuram, with a requisition for postmorterm examination. PW13 happened to be the finger print expert. He visited the scene of offence and noticed that there were chance fingerprints on the wall of the house. The accused was arrested on 8-12-1997.

( 5 ) PW8, Civil Assistant Surgeon, government Hospital, Pithapuram, conducted autopsy over the dead body of d2 on 9-12-1997 and issued Ex. P14, postmortem certificate. According to him, to cause of death was due to carnio cerebral and spinal injuries. On 8-12-1997, PW15, woman Assistant Surgeon, Government hospital, Pithapuram, conducted autopsy over the dead body of D1 and D3. Exs. P30 and P31 are the post-morterm certificates of D1 and D3 respectively.

( 6 ) ON 8-12-1997 PW13 took one fingerprint from the wall and two prints from the handle of knife at the Police Station. On 10-12-1997 PW14 took fingerprints of the accused in the Court and sent them to PW13 which were received by him on 16-12-1997. Out of the three prints, one chance print found on the wall, which was marked as "a", was found to be identical with the left thum

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