M.Satyanarayana Murthy, J.

1. The sole accused in Sessions Case No.218 of 2009 on the file of the Special Sessions Judge for Trial of S.Cs & S.Ts Cases-cum-Additional Sessions Judge, Anantapur, (hereinafter will be referred as trial Court for convenience), preferred this appeal under Section 374 (2) of Cr.P.C, questioning the legality of the conviction and sentence recorded by the trial Court finding him guilty for the offence under Section 302 of IPC.

2. It is the gruesome murder of the wife allegedly by the husband on 15.04.2008 on the hillock of Palavai village of Kalyandurg Mandal, Anantapur, at about 11.00 a.m. suspecting her fidelity for the last many years, though they lead happy marital life for three years. One Nagaraju, on coming to know about the incident, telephoned to PW.1 about committing murder of their daughter Lalitha @ Lalithamma. On that, PWs.1 and 2 came to the village and PW.1 lodged a report marked as Ex.P1 with the police and, on the strength of the same, a case in Crime No.49 of 2008 was registered for the offence punishable under Section 302 of IPC and Ex.P15 First Information Report was issued. PW.16 G.Indru Basha, Circle Inspector of Police, recorded the statements of PWs.3 to 8 under Section 161 of Cr.P.C and later visited the scene of offence and seized M.Os.1 to 11 under the cover of Ex.P11 seizure mahazar dated 17.04.2008. An inquest was also held on the dead body of Lalithamma in the presence of independent mediators and blood relations. Ex.P12 is the inquest report dated 15.04.2008. The mediators opined that the cause of death was murderous assault against Lalithamma. Later, the body was sent to Post Mortem examination and autopsy was conducted over the dead body by PW.15 - Dr. Rajendra Prasad, he issued Ex.P14 Post Mortem report. PW.17 B. Sreenivasulu, Circle Inspector of Police, took up further investigation and he sent the material objects seized to RFSL through Ex.P17 letter of advice. On examination, the report of RFSL marked as Ex.P18 was received and, on the basis of evidence collected during investigation, the investigating agency concluded that the accused perpetrated the murder of his wife Lalithamma suspecting her fidelity for the last several years and filed charge sheet before the Judicial Magistrate of First Class, Kalyandurg, vide PRC.No.35 of 2008. In turn, the Judicial Magistrate of First Class, having concluded that the offence is exclusively triable by Court of Sessions, by following procedure under Section 207 of Cr.P.C., committed the case to the Sessions Division, Anantapur, under Section 209 of Cr.P.C.

3. The Sessions Judge took the case on file and registered the same as Sessions Case No.218 of 2009 and made over to the Special Sessions Judge for Trial of S.Cs & S.Ts Cases-cum-Additional Sessions Judge, Anantapur, for disposal in accordance with law.

4. Upon securing the presence of the accused/appellant, the Sessions Judge framed a charge for the offence punishable under Section 302 of IPC, readover and explained to him in Telugu, he pleaded not guilty and claimed to be tried.

5. During trial, the prosecution has examined PWs.1 to 17 and got marked Exs.P1 to P18 and M.Os.1 to 11. After closure of prosecution evidence, the accused was examined under Section 313 Cr.P.C., and when explained the incriminating material that appeared against him in the testimony of prosecution witnesses, he denied and reported no defence.

6. Upon hearing the arguments of both the Public Prosecutor for State and defence counsel, the Court below found the accused guilty for the offence punishable under Section 302 IPC and convicted him under Section 235 (2) of Cr.P.C for the offence punishable under Section 302 IPC sentencing him to undergo imprisonment for life and to pay fine of Rs.100/- with default sentence of Simple Imprisonment for one month.

7. Aggrieved by the conviction and sentence passed by the Special Sessions Judge for Trial of S.Cs & S.Ts Cases under impugned Calender and Judgm