M. Satyanarayana Murthy, J.

The accused in Sessions Case No. 230 of 2011 on the file of V Additional District and Sessions Judge (FTC), Khammam at Kothagudem, preferred this criminal appeal under Section 374(2) Cr.P.C, 1973 challenging the conviction and sentence passed in calendar and judgment dated 14.03.2012.

2. One Jalli Bhadraiah (P.W.1), the de facto complainant and the accused Jalli Radha Krishna are the residents of Jallivarigudem. P.W.2 Jalli Chandramma is the wife of Jalli Bhadraiah. Kalluri Muthaiah, the deceased is the sister-in-law's son of P.W.1-Jalli Bhadraiah. P.W.3-Karam Bojji is the brother of the deceased and resident of Kaiguru Village of Chintoor Mandal. P.W.4-Jalli Chinnathamaiah, P.W.5-Punam Chandraiah, L.Ws. 6 to 11 i.e. Jalli Somaiah, Jalli Pullarao, Jalli Subbamma, Jalli Nagaiah, Jalli Laxman Rao and Jalli Raju are also residents of Jallivarigudem, all are closely related to one another.

3. The facts of the case in nutshell are that, on 05.01.2011 at about 07:00 P.M, the accused went to the house of P.Ws.1 & 2 and Kalluri Muthaiah (deceased) and took away Kalluri Muthaiah (deceased), offering feast, went to their fields, had toddy at their fields. After that, the accused invited Kalluri Muthaiah (deceased) for dinner in his house, then the accused and Kalluri Muthaiah (deceased) had dinner in the house of the accused. At that time, Kalluri Muthaiah (deceased) enquired about the wife of the accused repeatedly. Further, it is alleged that Kalluri Muthaiah (deceased) used to visit the house of the accused frequently in this absence. On repeated enquiry, the accused suspected that Kalluri Muthaiah (deceased) might have developed illicit intimacy with his wife and decided to do away the life of Kalluri Muthaiah (deceased). Then, on the same day at about 22:00 hours, after dinner, the accused took spade which was available in the house and bet Kalluri Muthaiah (deceased) on his head. Later, the accused took an axe and bet Kalluri Muthaiah (deceased) on his head with butt of axe. On that, the accused under the impression that Kalluri Muthaiah (deceased) died, left him in the house by hiding axe and spade in the backyard of the house. During the early hours, on 06.01.2012, wife of the accused found Kalluri Muthaiah (deceased) in pool of blood and struggling for life. Thereupon, she went to the house of P.W.4 and informed about the incident and in turn, P.W.4 informed the matter to Jalli Pulla Rao-L.W.7. Immediately, Jalli Pulla Rao-L.W.7 visited the house of the accused and found Kalluri Muthaiah (deceased) in unconscious state in pool of blood. Immediately, Jalli Pulla Rao-L.W.7 made a telephonic call to P.W.2. On that, P.W.2, along with P.Ws 1 & 3 went to the house of the accused found Kalluri Muthaiah (deceased) in pool of blood, struggling for his life. Then, L.Ws 1 to 3 and others questioned the accused about the incident and the accused confessed that he had committed the offence, as Kalluri Muthaiah (deceased) had illicit relationship with his wife. Then, Kalluri Muthaiah (deceased) was shifted to Government Hospital, Chintoor and after first aid, he was shifted to Government Area Hospital, Bhadrachalam, where he succumbed to injuries on 07.01.2011 at 23:00 hours. On the report-Ex.P-1 by Jalli Bhadraiah (P.W.1), the Station House Officer, V.R. Puram registered a case in Crime No. 1 of 2011 for the offence punishable under Section 302 IPC, issued F.I.R-Ex.P-16 and investigated the matter.

4. During the course of investigation, the Investigating Officer visited the Government Area Hospital, Bhadrachalam, examined the witnesses, got photographed the dead body of Kalluri Muthaiah (deceased)-Ex.P-5 to P-8, held inquest over the body of Kalluri Muthaiah (deceased) in the presence of mediators and blood relatives-Ex.P-2 and referred the dead body for post-mortem examination Ex.P-15 is the Post Mortem Report. Later, Circle Inspector of Police, Chintoor (L.W.20) took up investigation, verified the investigat