T. Rajani, J.

1. This appeal is preferred by the appellant assailing the judgment of the III Additional District and Sessions Judge, Tirupati in S.C.No.273 of 2012 dated 14.03.2013 convicting him and sentencing him to undergo imprisonment for life and pay fine of Rs.500/- and in default to undergo simple imprisonment for a period of three months for the offence punishable under Section 302 IPC.

2. The facts, in brief, as reflected in the charge sheet, are as follows:

On 07.11.2011 at 11 PM, the complainant lodged a complaint stating that she has two issues, a son named V. Madhavaiah, aged 45 years and a daughter named V. Jayamma. Her daughter was given in marriage to one M. Harinath and her son was married one Hamsa, a resident of Vepagunta and he begot two daughters. About five years ago, since her son lost mental balance, his wife left him and went away to her mother’s house, along with her children. Since the date of her leaving, she kept her son at her house and was taking care of him and her son does not attend any work and if food is provided, he eats and roams about in the streets. On 07.11.2011, at about 1.30 PM, while her husband, aged 80 years, sat in front of her house, her son, who is the accused, in this case, came from inside the house all of a sudden, with a bill hook and hacked on the head of her husband. When he kept across his hand to ward off the blow, he hacked him again. The deceased was shifted to hospital in 108 Ambulance and he died during the course of treatment, on the same day.

Based on the said report, a case was registered in Cr.No.67 of 2011 under Section 302 of the Indian Penal Code of K. Nagar Police Station.

During investigation, the statement of the complainant was recorded. On 08.11.2011, P.W.10 visited the hospital and received the dead body of the deceased and subjected the same to inquest and post mortem examination. The scene of offence panchanama was conducted and material objects were seized from the scene, under the cover panchanama at 9 PM on 08.11.2011. The police constable of K. Nagar Police Station produced the soiled and blood stained dhoti of the deceased, which was seized by P.W.10 and P.W.11, the Inspector of Police, took up further investigation and recorded the statements of some more witnesses. He sent the material objects to FSL and effected the arrest of the accused on 12.11.2001 at 8 AM at Krishnapuram bus stop and recorded the confessional statement. Later, he was sent to court, judicial remand. After concluding the investigation, charge sheet was laid against the accused for the offence under Section 302 IPC.

On appearance of the accused, the Judicial Magistrate of First Class, Puttur took cognizance of the case under Section 302 IPC and after complying with the required legal formalities, committed the case to the Sessions Division, Chittoor District by virtue of orders in PRC.No.15 of 2012. The learned Sessions Judge, in turn, made over the case to the Court of III Additional District and Sessions Judge, Tirupati for trial and disposal in accordance with law. On appearance of the accused before the Court below, the charges referred to above came to be framed and were read over to the accused, to which the accused pleaded not guilty and claimed to be tried. During trial, in support of its case, the prosecution examined P.Ws.1 to 11 and got marked Exs.P1 to P11 and M.Os.1 and 3. After completion of the prosecution evidence, the accused was questioned about the incriminating circumstances appearing in the prosecution evidence. The accused denied truth in the prosecution evidence, and stated that he did not commit the offence and reported no evidence on his behalf.

3. The Court below, after considering the evidence and the material on record, passed the impugned judgment against which the present appeal is preferred on the following grounds:

The Court below passed the judgment of conviction, though there was no material available on record to prove the guilt of the accu