(per the Hon’ble Mrs.Justice

T. Meena Kumari)

The present appeal is preferred by the appellant accused aggrieved by the conviction and the sentence imposed by the learned II Additional Metropolitan Sessions Judge, Hyderabad, in Sesions Case No.307 of 2003 on 14.09.2004 for the offence punishable under 302 IPC.

2. The facts in brief are as follows:

3. One Nafees Begum (for short, the deceased) is no other than the wife of the accused. Their marriage took place about 20 years back and they were residing at Noorishah colony, Bandlaguda along with her children.

4. While so, on 6.6.2001 the elder son of the deceased came to the are house of P.W.1, who is no other than the brother of the deceased and informed about the death of the deceased due to heart attack. Then, P.W.1 rushed there and found the deceased lying dead on the floor. On observation, he found nail marks and scar marks over the neck of the deceased. Having suspected the accused, P.W.1 lodged a complaint and the same was registered as a case in crime No.130 of 2001 under Section 174 Cr.P.C., initially and investigated into.

5. During the course of investigation, inquest as well as post mortem examination was