JUDGMENT :

C. Praveen Kumar, J.

1. The sole accused in SC No.131 of 2010 on the file of the X Additional District and Sessions Judge (Fast Track Court), Visakhapatnam at Anakapalle is the appellant herein. He was tried for an offence punishable under Section 302 IPC, for causing the death of one Appikonda Nageswararao on 29.01.2010 at about 04.00 p.m. at the house of the deceased in Venkannapalem village of Munagapaka Mandal. Vide judgment dated 15.12.2011, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs.500/- in default to suffer imprisonment for one year.

2. The facts as culled out from the evidence of the prosecution witnesses are as under:

(i) PW1 is a resident of Venkannapalem village and the deceased is the daughter-in-law of PW1 and wife of PW2. The accused is the son of the elder brother of PW1.

(ii) The father of the accused had five brothers including PW1. It is stated that there was a common site for all the five brothers, in which they constructed houses in a family partition of house sites. The accused had his site on the western side to the site of PW1. Disputes arose between them with regard to raising of a boundary wall between the house of the accused and PW1. It is stated that inspite of an objection raised by the accused, PW1 constructed a compound wall to a height of 5' feet between his house and house of the accused, as per the vasthu. This led to disputes between them and the matter was placed before PW3, the village elder and PW9, who conducted a panchayat to settle the issue. But the accused did not heed to the words of elders. While so, on 29.01.2010, at about 09.00 a.m., the accused abused PW1 and his family members for construction of a boundary wall to the height of 5' feet on the eastern side of his house. Then the neighbours interfered and pacified the situation. Thereupon, the accused developed vengeance towards PW1 and his family members and in pursuant thereof, on the same day at about 04.00 p.m., the accused rushed to the house of the deceased and found her cleaning the utensils. It is stated that the accused picked up a stick and beat on the head. On hearing her cries, PW1 came out of the house and noticed the accused beating the deceased with stick. Immediately, he went to the rescue of the deceased and pulled the stick and stone used by the accused. Due to the said attack, the deceased fell down unconscious with bleeding injuries. Meanwhile, PW6, who is the daughter of the deceased came out and found her mother lying in an unconscious state with bleeding injuries and raised cries, which attracted the attention of PW7 and others. All of them rushed to the spot and found the deceased in a pool of blood. Immediately thereafter, she was shifted to KG Hospital, Visakhapatnam, in 108 ambulance, where she succumbed to the injuries, at 08.00 p.m., on the same day. On 30.01.2010, PW1 lodged a report before PW13, the SI of police, Munagapaka police station, basing on which, a case in Crime No.10 of 2010 came to be registered. Ex.P5 is the First Information Report issued. Immediately, thereafter, he informed about the registration of crime to PW14, who took up further investigation in this case. Accordingly, he visited the mortuary at KGH at about 11.15 a.m. In the presence of PWs.10, 11 and others, he conducted inquest over the body of the deceased. Ex.P2 is the inquest report. At the time of inquest, he secured the presence of PWs.1 to 5 and LW3 and recorded their statements. Thereafter, the body was sent for post mortem examination. PW15 the Associate Professor in Forensic Medicine, Siddartha Medical College, Vijayawada, conducted autopsy over the body of the deceased at about 02.05 p.m. Ex.P8 is the post mortem report. According to him, the cause of death was due to injuri