JUDGMENT :

C.Praveen Kumar, J.

The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment, dated 11.02.2015, in Sessions Case No.82 of 2011 on the file of the learned I Additional Sessions Judge, SPSR Nellore, wherein, the learned Sessions Judge, vide judgment dated 11.02.2015, convicted the accused for an offence punishable under Section 302 I.P.C. and accordingly, sentenced him to undergo imprisonment for life and to pay a fine of Rs.500/-, in default of payment of fine, to undergo simple imprisonment for a period of one month. The accused was also convicted for the offence punishable under Section 404 I.P.C. and accordingly, sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/-, in default of payment of fine, to undergo simple imprisonment for a period of one month. Substantive sentences were directed to run concurrently.

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

PW1 is the brother of the deceased while PW2 is the mother of the deceased. PW1 and the deceased were running a tea shop in Kanakamahal centre, Nellore. The accused, who is a friend of the deceased, used to come to meet the deceased. It is said that the accused used to mix with the family members and PW2 used to treat him as a son. Because of close acquaintance, the deceased requested PW2 to lend some amount to the accused. Accordingly, PW2 lent a sum of Rs.1,00,000/-as loan, however, no document evidencing the same has been obtained. Three months thereafter, the accused executed a promissory note for Rs.50,000/-and requested deceased to lend Rs.50,000/-. On the recommendation of the deceased, PW2 lent a further sum of Rs.50,000/-to the accused by taking the promissory note brought by him. It is said that the accused also arranged seven acres of land on lease for prawn culture from one Dhamaramadu Sreedhar Reddy of Gummadidibba, for the deceased. The accused and deceased used to go to Vijayawada to bring prawn seed. Subsequently, the accused informed that he will take the above land for prawn culture on his own and promised to give Rs.1,00,000/-to the deceased. It is thus said that the accused is liable to pay a sum of Rs.3,10,000/-to the family of PW2. While things stood thus, on 16.04.2009 at about 10:30 AM, on receipt of a phone call, the deceased left the house but did not return home till night. At about 11:00 PM PW2 made a call to PW1 and informed him about deceased not returning home. On 17.04.2009 at about 10:00 AM while PW1 was at his house, a Constable from Thotapalli Gudur police station came to his house and enquired about the deceased and also enquired with regard to the name of the owner of the motor cycle bearing No. AP 26 P 7753. When it was informed that it belongs to the deceased, the said constable informed PW1 that a dead body of a male person is lying in NRI lay out, situated near Varigonda Village and requested PW1 to come to the said place for identifying the dead body. Then PW1 along with his relatives went to the place and after identifying the dead body as that of his brother, set the law into motion by lodging a report-Ex.P1 with PW12 – ASI of police. Basing on Ex.P1, PW12 registered a case in Crime No.36 of 2009 for the offence punishable under Section 302 read with 34 IPC. Ex.P14 is the FIR. Further investigation was taken up by PW13.

According to PW13, on 17.04.2009 at 11:00 hours, he secured PW7 and proceeded to the scene of offence, which is situated on the Western side of the second divider thar road, in the house plot of one Venkateswarlu of Kavali. He noticed a dead body with multiple injuries, and seized blood stained shirt – MO1, Motor cycle bearing No.AP 26 T 7753 – MO5, blood stained earth – MO6 and controlled earth – MO7. Ex.P4 is the observation report of the scene. He also got prepared a rough sketch of the scene of offence, which is placed on record as Ex.P15, apart from getting th