Shameem Akther, J.

1. This Criminal Appeal is directed against the judgment dated 26.03.2012 in Sessions Case No.249 of 2010 on the file of the XI Additional Sessions Judge (Fast Track Court), East Godavari at Kakinada, 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.’), accordingly convicted of the said offence and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for a period of three months.

2. The case of prosecution, in brief, may be stated as follows:

P.W.3 is the wife, and L.W.4-Mokana Venkata Ramana is younger son, of the deceased Mokana Vishnu Murthy (hereinafter referred to, as 'the deceased). Accused is elder son of the deceased. He is habituated to consuming liquor regularly. The deceased performed marriage of his daughter and she is residing with her in-laws at Pallipalem village. The deceased, P.W.3, the accused and his younger brother were residing in one house in Nadakuduru village, and were eking out their livelihood as agricultural coolies. The deceased used to consume liquor now and then and used to pick up quarrel with his wife. In the night of 05.12.2009, the deceased abused his wife for not cooking curry tastily, picked up quarrel with her and pushed her aside. On seeing the same, the accused picked up a brick from the window of the house, beat on the head of the deceased twice, pushed the deceased on a cot, beat on his head indiscriminately with the brick inspite of his mother asking not to beat. As a result, the deceased sustained multiple bleeding injuries and died on the spot.

On coming to know about the incident, P.W.1, who is the Village Revenue Officer, and P.W.2, who is Village Servant, of the village rushed to the spot. The accused gave a statement to P.W.1 which was reduced into writing by him. The accused affixed his thumb impression on the statement. On the report lodged by P.W.1 along with the statement of the accused, police registered a case in crime no.145 of 2009 of Karapa police station for the offence punishable under Section 302 IPC. The investigating officer observed the scene of occurrence, seized the incriminating material from the scene, conducted inquest on the dead body of the deceased and sent the same to hospital for postmortem examination. During the course of investigation, the accused was arrested, sent to judicial custody and his confession was recorded. After recording statements of witnesses, preparing rough sketch, obtaining report of the Forensic Science Laboratory, postmortem report and completion of investigation, the charge sheet was laid.

3. The learned IV Additional Judicial Magistrate of First Class, Kakinada had taken cognizance of the case for the offence punishable under Section 302 IPC, numbered it as P.R.C. No.3 of 2010 and committed the same to the Court of Session as the offence is exclusively triable by the Court of Session, and thereafter, the case was made over to the trial Court.

4. After hearing both sides, the trial Court framed the following charge against the accused.

"That you on 05.12.09 at about 9.30 p.m., you committed murder intentionally causing the death of your father Mokana Vishnu Murthy, s/o. Somaraju @ Somayya, age 42 yrs., by hitting with a stone on his head indiscriminately and that you thereby committed an offence punishable under Section 302 of Indian Penal Code and within my cognizance."

When the charge was read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried.

5. To substantiate its case, prosecution examined P.Ws. 1 to 13 and got marked Exs.P1 to P14, besides case properties M.Os. 1 to 3.

6. After closure of prosecution side evidence, the accused was examined under Section 313 Cr.P.C. to explain the incriminating circumstances found against him in the evidence of prosecution witnesses. The accused denied the same and stated that he