JUDGMENT :

[C. Praveen Kumar, J.]

1. The sole accused in Sessions Case No. 80 of 2013 on the file of X Additional District and Sessions Judge, Visakhapatnam at Anakapalle, is the appellant herein. He was tried for the offence punishable under Section 302 of Indian Penal Code [‘I.P.C.’] for causing the death of one Guntla Ramana [‘deceased’] on 08.02.2013 at 9:30 hours in Sammangi Apparao’s Zirayath land, Bapadupalem Village, Paravada Mandal. By its Judgment, dated 22.09.2014, the learned Sessions Judge convicted the accused for the offence punishable under Section 302 I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 500/-in default to suffer simple imprisonment for three months.

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

i) PW2 is the wife of the deceased; PW3 is the junior paternal aunt of PW2, while the accused is the younger brother of PW2.

ii) It is said that, on 08.02.2013 at about 10.00 a.m., the accused and the deceased went to painting work and, thereafter returned home at 6.00 p.m. on that day; while PW2 and her mother, by name, Sanyasamma [PW3] along with deceased were present in the house, the accused came to their house at 7.00 p.m. and took the deceased with him for consuming toddy. At about 9.30 p.m., the accused alone returned to the house and informed PW2 that the deceased fell down in the land of one Sammangi Apparao of Bapadupalem Village. Then, PW2, PW3 and others proceeded to the said place and noticed the deceased on the ground with injuries on the back and head. The injured was shifted in the Auto of PW4 to Primary Health Centre, Parawada, for treatment. It is said that, the injured succumbed to injuries while undergoing treatment at Parawada. In the same auto, they brought back the deceased to the house and, thereafter, the accused absconded.

iii) While so, on 09.02.2013, while PW1 – the Village Revenue Officer, Bharanikam Village of Parawada Mandal, was at Gram Panchayat Office, the accused approached him and made an extra-judicial confession stating that, on the previous day night, a dispute arose between him and his brother-in-law [deceased] and in the course of the said dispute, he beat him with a casuarina stick on the head; thereafter went to the house and informed PW2 that the injured fell down in the land of one Sammangi Apparao of Bapadupalem Village. He also confessed about taking the injured to the hospital; the treatment given and the deceased succumbing to the injuries at Primary Health Centre, Parawada. The said statement of the accused was reduced into writing and the signature of the accused was also obtained in the statement. Thereafter, PW1 handed over the accused at Parawada Police Station along with report and the statement of the accused. Ex.P1 is the report given by him along with the statement of the accused enclosing a copy of the statement of the Accused.

iv) PW15 – the Sub-Inspector of Police, submits that basing on the statement of PW1 and Ex.P1, a case in Crime No.25 of 2013 of Parawada Police Station, came to be registered for the offence punishable under Section 302 I.P.C. Ex.P7 is the First Information Report. Thereafter, he along with staff visited the scene of offence and posted a Police Constable to guard the scene. He then secured PW2 to PW4 and recorded their statements. He then held inquest over the dead body in the presence of mediators. Ex.P2 is the inquest report. At the time of inquest, he examined PW1 to PW4 and recorded their statements. Thereafter, he sent the dead body for post-mortem examination.

v) PW14 – C.I.C., N.T.R. Area Hospital, Anakapalle, conducted autopsy over the dead body on 09.02.2013 at 2.05 p.m. and issued Ex.P6 – post-mortem certificate. According to him, the cause of death was due to cardio respiratory arrest secondary to head injury with a large subdural hemarize.

vi) PW15, who continued with the investigation, arrested the accused and pursuant to the confession