Suresh Kumar Kait, J.

1. Vide the present appeal, the appellant has challenged the judgment dated 23rd February 2010, passed by VII Additional District & Sessions Judge (FTC), Vijayawada, in Sessions Case No.171 of 2008, whereby, the appellant is held guilty for the offence punishable under Section 302 IPC and accordingly sentenced to suffer life imprisonment and to pay a fine of Rs.500/-, in default, simple imprisonment for one month.

2. Briefly, the case of the prosecution is that on 15.11.2006, Accused No.1 (appellant) brought Phanindra Kumar (the deceased) to the room on the upstairs of rented building of one Suryanarayana and tried to have homosex. The deceased refused, appellant insisted him for carnal intercourse. When the deceased tried to make cries, appellant shut his face with jeans pant and smothered him to death. Thereafter, latched the room from outside. On 16.11.2006 at 11 a.m., appellant reached at the scene of offence along with Accused Nos.2 and 3 with an intention to dispose of dead body, however, on account of movement of neighbours, having been afraid, they locked the room and went away. On 17.11.2006, on seeing the padlock to the room in the upstairs,