JUDGMENT :

C.Praveen Kumar, J.

Heard Sri C. Ramakoteswara Rao, learned counsel for the appellant, Sri S.Dushyantha Reddy, learned Public Prosecutor for the State and perused the record.

2. The sole accused in SC No.461 of 2013 on the file of the III Additional Sessions Judge, Guntur, is the appellant herein. He was tried for an offence punishable under Section 302 of IPC, for causing the death of his wife deceased Chimata Nagamani (hereinafter referred to as “the deceased”) on 23.02.2011 at 8.30 a.m. in his house at Pedda Gollapalem village.

3. Vide judgment dated 06.03.2015, the learned III Additional Sessions Judge, Guntur convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.1000/-.

4. The facts, in nutshell, are as under:

PW.1 is the father of the deceased, while PW.2 is his co-brother. The marriage of the deceased with the accused took place about nine years prior to the incident and they begot two male children. Since the date of marriage, the accused was troubling the deceased, suspecting her fidelity and attributing illicit intimacy with others. It is said that unable to bear the harassment in the hands of the accused, the deceased went to the house of PW.2, but LW.11-P. Ravindra and one Pammidi Krishna Murthy, took the deceased and made her join her husband. Even then the suspicion against the deceased did not stop. It is said that the accused was addicted to alcohol and used to harass the deceased under the influence of alcohol. About four months prior to the incident, the deceased gave a report against the accused alleging harassment. Then the police referred the deceased and the accused for family counseling centre, Bapatla, where, they advised them to live together. On 23.02.2011 at about 8.30 a.m. PW.2 telephoned to PW.1 and informed him about hearing of cries from the house of the accused and on opening the door he saw the accused pressing the face of the deceased with a pillow saying ‘chavave lanja’. It is said that on seeing PW.2, the accused ran away from the house. PW.2 found the deceased dead. PW.1 along with other relatives went to Pedagolapalem village and there in the house of the accused, saw the body of deceased lying dead on the cot with a pillow on her face. He enquired with PW.2, who narrated the incident. On the same day, PW.1 lodged a report in Karlapalem PS. Ex.P.1 is the said report. Basing on the said report, PW.13 registered a case in Cr.No.19 of 2011 of Karlapalem PS for the offence under Section 302 of IPC. Ex.P.17 is the FIR. Further investigation in this case was taken up by PW.12-Inspector of Police. According to PW.12, on receipt of a copy of the FIR, he proceeded to the scene of offence, which is situated in Chimatavari Bazar, Peddagollapalem village and in the presence of PW.7 and others, he prepared an observation report of the scene of offence and seized MO.1 from the yarn cot. Ex.P.2 is the observation report and Ex.P.15 is the rough sketch of the scene of offence. He also got photographed the scene of offence and that of the dead body of the deceased through PW.9. As light failed, he posted a guard at the scene of offence and on the next day, he again secured the presence of PW.7 and in his presence, conducted inquest over the dead body. Ex.P.3 is the inquest report. During inquest, he examined PWs.1, 2, 4 and others and recorded their statements. After inquest, the body was sent for postmortem examination. PW.10 is the Civil Assistant Surgeon, Area Hospital, Bapatla, who conducted postmortem examination over the body and noticed 14 injuries over the body. According to him, the cause of death was due to asphyxia due to homicidal smothering. Ex.P.9 is the postmortem report. PW.12 who continued with the investigation, effected the arrest of the accused on 07.03.2011 and after examining all the witnesses and collecting necessary documents, filed charge sheet, which was taken on file as PRC No.36 of