JUDGMENT:

(C. Praveen Kumar, J.)

1. Accused No. 1 in Sessions Case No. 34 of 2015 on the file of II Additional Sessions Judge, Parvatipuram, is the Appellant herein. Originally, Accused No.1 along with two [02] others were tried for the offence punishable under Section 302 of Indian Penal Code [‘I.P.C.’]. By its Judgment, dated 19.08.2016, the learned Sessions Judge, while acquitting Accused Nos. 2 and 3, convicted Accused No. 1 and sentenced him to suffer rigorous imprisonment for life for the offence punishable under Section 302 of I.P.C. and to pay fine of Rs.1,500/-in default to undergo rigours imprisonment for a period of three months.

2. The gravamen of the charge against the Accused is that, on 26.11.2013 at 5.00 P.M., all the accused caused the death of Gujjala Simhadri [‘deceased’] by beating him with hands and kicking him on his stomach and chest.

3. The facts, in issue, are as under:

i) PW1 is the wife; PW2 is the son; PW3 is the elder brother, of the deceased while Accused No. 2 is the mother and Accused No. 3 is the sister of Accused No. 1. The house of the accused and the deceased are situated adjacent to each other and there were disputes between them, with regard to raising of a common wall.

ii) On 26.11.2013 at 9.00 A.M., PW1 and deceased went to their fields and returned home at 5.00 P.M. During that period, Accused No. 2 and 3 was laying slab on the joint wall with the help of coolies. At that point of time, PW1 and deceased questioned Accused No. 1 to 3 about laying of a slab on the joint wall without settling the disputes. A quarrel ensued between the accused and deceased. At that point of time, Accused No. 1 came there, abused PW1 in filthy language and threatened to kill her. When the deceased tried to rescue PW1, all the accused fisted the deceased with hands. Thereafter, when the deceased got up, Accused No.1 again kicked the deceased on his chest, side ribs and stomach. On receiving the blows, the deceased fell down and could not get up due to severe pain. When PW1 raised cries, her mother-in-law, by name, Jogamma, came there and gave water to the deceased. Having regard to the condition of the injured [deceased], 108 ambulance was called and by the time the ambulance came, the deceased died, as such he was not taken to hospital. PW1 is said to have informed relatives at 8.30 P.M. On receipt of phone call, police also arrived at the scene, where PW1 lodged a report [ExP5].

iii) PW11 – Sub-Inspector of Police, Seethanagaram Police Station, registered a case in Crime No. 140 of 2013 basing on Ex.P5 for the offence punishable under Section 302 I.P.C. Ex.P6 is the First Information Report. Further investigation, in this case, was taken up by PW13, who on receipt of Ex.P6 [F.I.R.], proceeded to the scene of offence. At the scene, he conducted scene observation proceedings in the presence of mediators. Ex.P2 is the scene observation report. He also got prepared a rough sketch of the scene under Ex.P8 and got photographed the scene of offence through PW10 under Ex.P5. Thereafter, he conducted inquest over the dead body in the presence of PW9. Ex.P3 is the inquest report. The mediators examined at the time of inquest opined that, the accused beat the deceased with hands. After conducting inquest, the body was sent for postmortem examination.

iv) PW12 – Civil Assistant Surgeon, Community Health Center, conducted autopsy over the dead body and issued Ex.P7 – the post-mortem certificate. According to him, the cause of death was due to cardio respiratory arrest due to massive internal haemorrhage; due to fracture of right four lower ribs causing liver laceration due to internal bleeding.

v) While things stood thus, Accused No. 1 to 3 went to Tahsildar Office and confessed about the commission of offence. The statements of the accused were recorded by PW7 and PW8 under Ex.P1. Thereafter, PW7 and PW8 handed over the accused to PW13 [Inspector of Police], who remanded them to judicial custody. After deleting the na