(Per KC. Bhanu, J.)

This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), is directed against the judgment, dated 13.10.2006, in Sessions Case No.331 of 2006 on the file of VII Additional Sessions Judge, Kakinada, where under and whereby, the appellant/sole accused was found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "I.P.C."), and accordingly, convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of 500/-, in default to undergo simple imprisonment for two months.

2. The brief facts that are necessary for disposal of the prosecution case may be stated as follows:

The accused is no other than the husband of the deceased. They had three sons and one daughter. They were living by doing agricultural coolie work. The deceased used to attend to agricultural coolie work in the land of one Sreekakulapu Appa Rao. The accused used to suspect the fidelity of the deceased on the ground that she developed illicit intimacy with the said Appa Rao. For that reason, some disputes arose between the accused and the deceased. The accused insisted the deceased on several occasions not to go to the land of said Appa Rao for coolie work. But she paid a deaf ear to him and was continuously attending for agricultural coolie work in the land of said Appa Rao. Lady friends of the deceased used to come to their house. On 05.03.2006 at about 06:00 AM, the deceased went to the agricultural coolie work in the land of Appa Rao and returned home at about 06:00 PM. Around 07:00 PM, while the deceased was cutting onions by sitting on the pial situated in the rear side of the house, the accused came there with a curved knife, attacked the deceased from behind and hacked her with the said knife on her neck repeatedly. On that, she fell on the pial by raising cries. This was witnessed by the children of the deceased and accused. On hearing the cries of the children of the deceased, the neighbourers reached the spot and noticed the deceased lying on the cement floor on the back side verandah of the house with severe bleeding hack injuries. On seeing them, the accused ran away with the knife used in the attack. Father and paternal uncle of the deceased shifted her to Government General Hospital, Kakinada. Doctor declared that the deceased was brought dead. On receipt of information from the hospital, PW.12 proceeded to the hospital on 06.03.2006 at about 05:00 AM and recorded the statement of PW.1, returned to the police station and registered the same as a case in Crime No.51 of 2003 for the offence punishable under Section 302 I.P.C. Later PW.13 took up investigation. The investigating officer visited the scene of occurrence, observed the scene of occurrence in the presence of mediators, got photographed the scene of occurrence and prepared observation report of the scene of occurrence. During the course of investigation, on 09.03.2006 at about 01:00 PM, the accused was produced before PW.13 by the Panchayat Secretary, Kondapalli Village and the accused made a confession in his presence, and in pursuance of the same, the curved knife used for the commission of offence was recovered and seized. After completion of investigation, Police filed the charge sheet. The case was taken on file as P.R.C.No.19 of 2006 by the Additional Judicial Magistrate of First Class, Peddapuram and committed the same to the Court of Sessions.

3. The trial Court framed the following charge against the accused:

"That you on 05.03.2006 at about 07:00 PM at your house in Kondapalli Kothuru Village, did commit murder of Kakarapalli Raghavamma alias Raghava, your wife, by intentionally hacking her with a curved knife on her neck repeatedly, and thereby committed an offence punishable under Section 302 of the Indian Penal Code, and within my cognizance."

When the above charge was read over and explained to the accused in Telugu, he pleaded not guilty and claime