JUDGMENT :

C.Praveen Kumar, J.

1. Heard Sri. Aravala Rama Rao, learned Counsel appearing for the Appellant/Accused and Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.

2. The Sole Accused in Sessions Case No. 50 of 2014 on the file of the Principal District and Sessions Judge, Srikakulam, is the Appellant herein. He was tried for offences punishable under Sections 302 and 201 of Indian Penal Code [‘I.P.C.’]. By its Judgment, dated 20.03.2015, the learned Sessions Judge, convicted the Accused for the offence punishable under Section 302 of I.P.C. and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/-in default to undergo simple imprisonment for six months. The Accused was also sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/-in default to undergo simple imprisonment for three months for the offence punishable under Section 201 I.P.C. Assailing the said conviction and sentence imposed, the present Appeal is preferred.

3. The gravamen of the charges against the Accused is that, on 15.01.2013, the Accused is said to have caused the death of his daughter, by name, Yesoda [‘deceased’], aged about 05 years and, thereafter disposed of the same by throwing the body into a Well at Mudili Appalanaidu of Illamnaiduvlasa Village, Rajam Mandal, to screen the evidence.

4 The facts, in issue, are as under:

i) PW3 is the Wife of the Accused and mother of the deceased. PW4 is the Sister of PW3. The marriage between the Accused and PW3 took place about nine [09] years ago and they were blessed with a Son, by name, Manikanta, and the deceased. After the birth of their Son and after she conceived pregnancy to give birth to the deceased -daughter, the Accused started suspecting the fidelity of PW3. It is said that, Accused always used to beat her stating that the deceased was not born through him.

ii) About three [03] days prior to Sankranthi Festival, the Accused is said to have poured kerosene on PW3, which was witnessed by the neighbours, who came and rescued her. On the Bhogi Festival day, the Accused asked PW3 to give him some hot water. It is said that, PW3 asked him to wait for some time. On the same day evening, while PW3 and the deceased were sleeping, the Accused threw almirah at them. PW3 could escape, but the almirah fell on the deceased –daughter. However, the father-in-law [PW6] came there, lifted the almirah and rescued the deceased.

iii) On the Kanuma Festival day, the sister-in-law of PW3 and her husband came to their house and after having lunch, her brother-in-law went to his house. While PW3 was having her lunch, the deceased asked her to give some snacks and after taking them, went out. On instructions of her mother-in-law, PW3 went to fields and about 1.00 P.M. her husband, mother-in-law and sister-in-law stated to PW3 that they will go to their in-laws house. PW3 claims to have returned at 4.30 P.M. and searched for her daughter [deceased] from 4.00 to 6.00 P.M. but to no avail. When, PW3 questioned the Accused as to why he is not making any effort to search for the deceased, he told that he will search for the deceased next day morning. On 15.01.2013 at about 5.30 or 6.00 P.M., PW3 informed PW2 [Village Revenue Assistant] about the missing of her daughter.

iv) On the next day, PW3’s sister-in-law, mother-in-law and the Accused, left in a Jeep in search of the deceased. At about 8.00 A.M., one Borada Chinnayya @ Venkataramana, came to PW3 and informed about the body of her daughter [deceased] being found in the Well of one M. Appalla Naidu [PW5]. PW3 went there along with her brothers and saw the body in the Well. The same was informed to Village Revenue Officer [PW1] at 9.00 A.M. PW1 and the Villagers came there and noticed the dead body floating in the Well. PW1 went to Rajam Police Station and lodged a report [Ex.P1], basing on which, PW10 [Sub-Inspector of Police] registered a case in Crime No.11 of 2013 under Section 174