( 1 ) THIS is an appeal filed by the sole accused in S. C. No. 185 of 1991 on the file of the Additional Sessions Judge, Eluru, West Godavari. The accused is the sister s son of the deceased, who is a resident of Pasalapudi village in East Godavari district. The accused went away to an Arab country two years back. On 3-4-1991, the accused returned from the Arab country and went to the house of Raghavulu, the relation of the accused. The family of Raghavulu told something against the family of the deceased and the accused abused the family of the deceased on that night. The wife of the accused was sick and was not able to lead family life. Therefore, he wanted to marry somebody. On 4-4-1991 at about 10 a. m. , the accused came to the house of the deceased and asked why they informed his wife and father-in-law about the proposed second marriage and threatened to kill the deceased and his wife. By saying so, he took out the vegetable cutter belonging to the deceased and hacked the wife of the deceased on her head. She raised cries and fell down. When the deceased interfered, the accused proclaiming that he would also kill him, hacked the deceased with vegetable cutter on his head, face, left eye, left-hand fingers and other parts of the body. The deceased fell down. On hearing the cries of the wife of the deceased, P. Ws. 2 and 4 and others came there and tried to stop the accused. The accused threatened them and ran away. The injured and his wife, Toram Rattamma, P. W. 1, were taken to the Government Hospital, Tanuku. The deceased did not regain his consciousness and died on 7-4-1991 at about 2. 45 p. m. in the hospital. On 4-4-1991 at about 1. 45 p. m. , on receipt of intimation of injuries-Ex. P-10 from the hospital, P. W. 12 Head Constable went to the hospital and recorded the statement of P. W. 1 under Ex. P-1 and sent Ex. P-1 to Indrajavaram Police Station on the point of jurisdiction.

( 2 ) P. W. 13 the Sub-Inspector of Police, Indrajavaram Police Station received Ex. P-1 and Ex. P-10 on 4-4-1991 from the Tanuku Police Station and registered it as Crime No. 23 of 1991 under Section 325 of Indian Penal Code and issued F. I. R. , Ex. P-11. He went to the hospital, examined P. W. 1 and P. W. 4, and seized the blood-stained clothes M. Os. 3 to 5 under the cover of mediator s report Ex. P-2. He also visited the scene of offence and examined the same in the presence of meditors and prepared Ex. P-3. He also prepared the sketch of scene of offence Ex. P-12 and seized M. Os. 1, 2 and 6. He examined P. Ws. 2, 3, 5 and others. On 7-4-1991, he received intimation of the death Ex. P-13 of the deceased and altered the section of law into one under Section 302 of Indian Penal Code and issued F. I. R. , Ex. P-14. P. W. 14 - the Circle Inspector, Tanuku, received the copy of Ex. P.-14 on 7-4-1991 and took up investigation. He held inquest over the dead body of the deceased in the presence of P. W. 7 and another and prepared an inquest report-Ex. P-4. The dead body of the deceased was sent for post mortem examination and P. W. 9 - the Deputy Civil Surgeon conducted the post mortem examination and found nine external injuries. On internal examination, he found fracture of front and temporal bones and cerebellum diffused. The Surgeon opined that the patient died of shock and haemorrhage due to multiple injuries. He issued Ex. P-5 post mortem certificate. The accused was arrested on 6-4-1991 by the Sub-Inspector of Police and sent him for remand and after completing the investigation, a charge-sheet was filed.

( 3 ) THE learned Judge believed the version that has been spoken to by the direct witnesses, in particular P. Ws. 1, and 4 and came to the conclusion that the prosecution has made out the case beyond all reasonable doubt, which ultimately resulted in convicting the accused for offence under Section 302 of Indian Penal Code and sentencing to undergo rigorous imprisonment for life. It is against this conviction, the accused-appellant fil

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