JUDGMENT :

This is a Criminal Appeal filed by the appellant/accused in S.C.No.116 of 2008, on the file of the Principal Sessions Judge, Nellore Division, questioning the judgment, dated 08.10.2010 in the said Sessions Case, whereunder the learned Principal Sessions Judge, Nellore Division, as against the charge framed under Section 302 of Indian Penal Code (“I.P.C.” for short), found the appellant/accused guilty of the offence under Section 304 II of I.P.C. and after questioning the him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.500/-, in default to suffer simple imprisonment for three months. So, the appellant is the unsuccessful accused in Sessions Case No.116 of 2008 before the Principal Sessions Judge, Nellore.

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The Sessions Case No.116 of 2008 arose out of P.R.C.No.1 of 2006, on the file of Additional Judicial Magistrate of First Class, Kovur in Crime No.87 of 2005 of Allur Police Station, which was committed to the Court of Sessions by the learned Additional Judicial Magistrate of First Class, Kovur, by an order, dated 18.04.2007.

4. The case of the prosecution, in brief, according to the averments in the charge sheet filed by the police is as follows:

(i) Accused is originally native of Sri Kalahasthi. He migrated to Kovur. One Salapakshi Uma (hereinafter be referred to as “deceased”) is the wife of accused and native of Singapet Village. Firstly, the deceased was given in marriage to one Subbarayudu of Proddutur. As Subbarayudu harassed the deceased by suspecting her fidelity, she came out to Kovur by discarding him. Later, about 4 ½ years prior to 02.10.2005, she was given in marriage to accused. Accused and deceased were blessed with two children. As the accused and his family members fell in debts, he left Kovur along with his wife and children and came out to Singapet and started residing near his in-laws house. Since four months prior to the occurrence, the deceased developed illegal contact with one Seenaiah of Singapet Village. Having sensed it, the accused warned her several times, but she did not care the warnings. As the deceased did not mend her way, L.W.1 asked the accused to keep his family separately.

(ii) Ten days prior to 02.10.2005, the accused came out to a thatched house at S.T. Colony and are residing there. On 02.10.2005 night the accused consumed cheap liquor by mixing with spite cool drink. Both the accused and the deceased slept on two cots separately in front of the house. At 11-00 P.M. accused wakeup as his daughter wept and found the deceased was not on cot. On suspicion, he peeped into the house and noticed the deceased with her paramour Seenaiah on a mat in sexual intercourse. Then the accused bore much angry, called L.Ws.2 and 3, who are the neighbours, showed them the scene. He stood in the exit of the house by arming the “Surakathi” and called Seenaiah to come out. It was dark by then. But, the deceased came to the exit gate. Then the accused with an intention to kill her stabbed her with “Surakathi” powerfully below her left collar bone, due to which she fell down with cries. L.Ws.2 and 3 witnessed the occurrence and rushed to the house of L.W.1 and informed the same to him and others. Later, L.Ws.1, 4 to 6 rushed to the spot and found the deceased dead in the house. Accused ran away towards North-West.

(iii) L.W.1 got the written report with the assistance of L.W.7 and gave it to Allur Police Station on 03.10.2005 at 3-00 A.M. L.W.15 registered it as case in Crime No.87 of 2005 under Section 302 of I.P.C. and submitted express F.I.R. to all the concerned. L.W.16 took up investigation. He visited the scene of offence, held inquest over the dead body of the deceased in the presence of Panchayatdars (L.Ws.9 to 11) and sent the dead body to Government Hospital for autopsy. On 04.10.2005 at 5-00