JUDGMENT :

Arup Kumar Goswami, J.

1. This appeal is presented by the State against the judgment and order dated 30.01.2008 passed by the learned X Additional District and Sessions Judge (Fast Track Court), Guntur at Narasaraopet, in Sessions Case No. 262 of 2005, acquitting Mamidisetty Narayana (hereinafter referred to as 'the accused'), respondent No. 1 herein, of the offence under Section 302 I.P.C.

2. The case of the prosecution is that one Shaik John lodged a report before Piduguralla Police Station on 10.05.2003 at 8.00 p.m. stating that on the previous night at about 10.00 p.m., one Atchampeta Srinu and Soma Gangadhara Rao, who were friends of his elder son, namely, Karimulla (hereinafter referred to as 'the deceased'), who used to do mason work, informed him that the deceased was found lying at Railway Gate Road and thereupon, the informant, along with his son-in-law, Shaik Hassan, went to that place and shifted the deceased in a rickshaw to a hospital situated opposite to Dr. Anji Reddy Hospital, where the doctor, after examining the deceased, declared him dead. On enquiries being made about the death of his son, Soma Gangadhara Rao told the informant that the accused brought some powder which is used to mix in toddy from his mother-in-law's house at Nyzam and gave it to the deceased stating that it would give him good intoxication if mixed with water and consumed. Thereupon, the deceased along with Gangadhara Rao went to a place which is at a little distance away from the house of the accused and after mixing the powder given by the accused in a bottle of water, the deceased consumed more of it and fell down and died, while Gangadhara Rao drank less as it tasted bad. The informant alleged that with an intention to kill his son, the accused had given some poisonous substance due to consumption of which his son died.

3. Based on the report of the informant, an FIR, being Crime No. 96 of 2003, was registered by the Sub-Inspector of Police, Piduguralla Police Station, for the offence under Section 302 I.P.C. Investigation commenced and the accused was arrested on 22.05.2003 at 5.00 p.m. During interrogation, the accused admitted the offence and his confessional statement was recorded in the presence of Siripurapu Kutumba Rao and Betamcherla Sri Hari Rao. After completion of the investigation, police submitted a charge sheet against the accused under Section 302 IPC.

4. The case being exclusively triable by the Court of Sessions, the learned Principal Junior Civil Judge, Full Additional Charge of I Additional Senior Civil Judge, Gurazala, committed the case to the Sessions Court, Guntur, from where the case was made over to the Court of X Additional District and Sessions Judge (Fast Track Court), Guntur at Narasaraopet, and accordingly, Sessions Case No. 262 of 2005 came to be registered.

5. Subsequently, a charge under Section 302 IPC was framed and on the same being read over and explained to the accused, he pleaded not guilty and claimed to be tried.

6. The prosecution examined P.Ws. 1 to 10 and marked Exs. P1 to P11 and M.O. 1. P.W. 1 is the informant and father of the deceased. P.W. 2 is the wife of P.W. 1, P.W. 3 is a relation of P.W. 1, being the son-in-law of P.W. 1's brother. P.W. 4, who is stated to have seen the deceased in unconscious state at railway gate and accompanied Soma Gangadhara Rao to the house of the informant to inform about the incident, was declared hostile. P.W. 5, who is a Compounder in the hospital to which the deceased was brought by the informant, was also declared hostile. P.W. 6 is a witness to the inquest report (Ex. P5). P.W. 7 is the doctor who conducted autopsy over the dead body of the deceased. P.W. 8 is a Panchayat Secretary and he was a witness to seizure of a plastic tin (M.O. 1) seized under Ex. P8. P.W. 9 is the Sub-Inspector of Police who registered the F.I.R. and handed over investigation to the Circle Inspector of Police. P.W. 10 is the Circle Inspector of Police who conducted invest