JUDGMENT :

C.Praveen Kumar, J.

As the matter underwent several adjournments, due to absence of the counsel for the appellant, we took the assistance of Sri Challa Dhanamjaya, learned Senior Counsel, who after going through the papers, assisted us in disposal of this appeal.

2. The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment, dated 06.06.2014, in Sessions Case No.233 of 2011 on the file of the learned X Additional District and Sessions Judge, Visakhapatnam at Anakapalle, wherein the sole accused was tried for the offence punishable under Section 302 I.P.C. for causing the death of one Kommireddi Lalitha Kumari (hereinafter, referred to as “the deceased”) on 14.08.2010. Vide judgment, dated 06.06.2014, the learned Sessions Judge convicted the accused under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment for a period of three (3) months.

3. The substance of the charge levelled against the accused is that he hatched a plan to grab the properties of Kommireddi Lalitha Kumari and also to avoid repayment of money, killed her by mixing an insecticide poison in her food on the night of 14.08.2010.

4. The case of the prosecution, in brief, is as under:

The marriage of the deceased was initially performed with one K. Rama Prasad and both of them lead a happy conjugal life for sometime. As they were not blessed with children, both of them got separated because of some ill-feelings. It is said that the deceased was a retired Lecturer and Head of Department in English in SRR and CVR Government College, Vijayawada. The accused was also a married man and blessed with one daughter and three sons. He lost his wife and his children were settled and living separately. He worked in Visakha Dairy for some period and took voluntary retirement and later, established Sudha Milk Products at Ugginapalem in 2005. In the year 2009, the accused came in contact with the deceased when she visited Goddess Nookalamma Temple at Anakapalle and thereafter, both of them decided to marry. On 13.02.2009, they got married at Annavaram Temple. Prior to the marriage, there were certain financial transactions between the deceased and the accused, which is evident from the evidence of P.W.8 – Manager in Canara Bank, who deposed that on 06.02.2009, there was a transaction in the account of the deceased showing payment of Rs.5,00,000/- to the accused by way of cheque, payment of Rs.6,20,000/- to the accused by way of cheque on 11.02.2009, two more on line transactions of Rs.5,00,000/- each on 06.02.2009 and 10.02.2009 showing transfer of money from the account of the deceased to the account of the accused at Bank of India, Anakapalle.

While so, on 15.08.2010, accused informed P.W.2 on telephone about the dead body of the deceased lying in Sudha Milk Products at Ugginapalem. It is said that during the lifetime of the deceased, i.e., few days prior to the incident, the deceased telephoned to P.W.2 and informed her about the request made by the accused for providing bank loan for Sudha Milk Products by recommending to any known official of the bank. The deceased informed P.W.2 that she is mentally not fit and wanted to stay with P.W.2 for sometime in Visakhapatnam. P.W.2 is said to have informed the deceased and also to the accused that she does not know any bank people for recommending grant of loan. On 15.08.2010, while P.W.2 was at the house of her mother at Kakinada, at about 7:30 or 8:00 A.M., she received a call from the accused stating that he married Lalitha Kumari, the deceased herein, about one and a half year back. P.W.2 asked the accused to hand over the phone to the deceased for verification of the said fact but it was informed to P.W.2 that Lalitha Kumari is no more and that she died at Milk Factory at Ugginapalem. Immediately, P.W.2, her husband, her mother and younger broth