A.Ramalingeswara Rao, J.

1. Heard the learned Counsel for the appellant appointed by the Legal Services Authority and the learned Public Prosecutor for the State.

2. This Criminal Appeal arises out of conviction and sentence of the appellant in Sessions Case No.299 of 2011, dated 14.05.2012, passed by the learned Judge, Family Court-cum- Additional Sessions Judge, Karimnagar, for the offence under Section 302 IPC.

3. The case of the prosecution was that the brother of the deceased came to Huzurabad Police Station on 13.10.2010 at about 22.30 hours and lodged a complaint stating that on the said day at about 08.30 pm his sister was killed by the appellant by hitting her with a pestle. In the complaint he stated that at about 11 years back his elder sister - Eesampalli Saritha, loved the appellant and married him. They were blessed with one son aged about 10 years and a daughter aged about 9 years. After their marriage, the appellant’s sister, mother and brother started harassing the deceased physically and mentally demanding additional dowry. Unable to bear the said harassment, three years back, the parents of the deceased gave Rs.20,000/- and also gave Rs.10,000/- about one month back. The appellant used to work as tractor driver previously and is not working at present. He is addicted to vices and his wife used to maintain their family by doing tailoring work. The appellant suspected the character and chastity of the deceased and used to pick up quarrels without any reason. On the fateful night, the appellant went to the house in a drunken condition with an intention to kill his wife, started quarrelling about her character and chastity, picked up a pestle and beat her on her head. At that time one Sri Chelluri Shravan Kumar witnessed the incident and immediately informed the same to him. On receiving the information, he along with his family members went to the house of the accused and noticed that his sister was struggling for life. They immediately shifted her to Government Civil Hospital, Huzurabad. The duty doctor examined and declared her dead at about 9.30 pm.

4. Crime No.248 of 2010 was registered under Sections 302, 498-A read with 34 IPC by Huzurabad Police and investigation was taken up. The inquest on the dead body was conducted from 08.00 hours to 10.00 hours on 14.10.2010 and thereafter the autopsy was conducted in the Government Civil Hospital, Huzurabad. The cause of death was stated to be “sudden cardio respiratory failure as a result of injury to vital part i.e., brain.”

5. On the information furnished by L.W.8 stating that the accused appellant, approached him and disclosed about the commission of offence and he was kept in front of Post Office Huzurabad, the Investing Officer went to the Post Office, Huzurabad, and apprehended the accused on 21.10.2010 at 10.30 hours in the presence of the mediators. Thereafter, the pestle was seized under the cover of confession and recovery panchanama from the accused in the presence of the same mediators. Accused Nos.2 to 4 were also arrested at about 13.00 hours.

6. P.Ws.1 to 16 were examined on behalf of the prosecution and none were examined on behalf of the defence. Exs.P1 to P15 and M.Os.1 to 6 were marked on behalf of the prosecution.

7. At the time of framing the charges, the appellant-accused No.1, admitted his guilt, whereas accused Nos.2 to 4 denied their involvement.

8. In spite of the admission of guilt by the first accused, the trial was conducted and the first accused was found guilty of the charge under Section 302 IPC and sentenced to suffer rigorous imprisonment for life and also sentenced to pay a fine of Rs.200/- and in default of payment of fine, to suffer simple imprisonment for a further period of three months. However, accused Nos.1 to 4 were found not guilty for the charges under Sections 498-A read with Section 34 IPC and also under Section 4 of the Dowry Prohibition Act and accordingly they were acquitted.

9. The de facto complainant was exami