JUDGMENT :

C.Praveen Kumar, J.

Accused Nos.1 and 2 in Sessions Case No.424 of 2012 on the file of the learned XV Additional District and Sessions Judge, Nuzvid are the appellants herein. They were tried for the offence punishable under Section 302 read with 34 IPC for causing the death of one Polimetla Sobhan Babu (hereinafter, referred to as “the deceased”) on 26.03.2009 at 7.45 p.m. at the house of A-1 at Kanumolu Village, Bapulapadu Mandal.

2. Vide judgment, dated 09.06.2016, the learned Sessions Judge convicted A-1 and A-2 for the offence punishable under Section 302 read with 34 IPC and accordingly, sentenced them to suffer imprisonment for life and to pay fine of Rs.5,000/- each, in default of payment of fine, to suffer simple imprisonment for a period of one month each.

3. The facts in issue are as under:-

P.W.2 is the wife of the deceased. A-1 and the deceased are neighbours and known to each other. P.Ws.4 to 6 are said to be the residents of Kanumolu Village, Bapulapadu Mandal. On 26.03.2009, at about 2.00 p.m., the daughter of A-1 by name Sukanya pulled some creepers from the fencing of the house of P.W.2 for which, P.W.2 scolded the girl. Later, she went away and informed A-1. A-1 grew wild and came to the house of P.W.2 in the afternoon along with his daughter, quarreled with P.W.2 and also abused her in filthy language. The deceased was not present in the house at that time. A-1 abused P.W.2 stating that she could not conceive children and he would help her in producing children. In the evening after 7.00 p.m., the deceased came to his house by which time, quarrel between P.W.2 and A-1 was continuing. Then, A-1 and A-2 took the deceased to the house of A-1, which is situated nearby the house of the deceased, where A-2 is alleged to have caught hold of both the hands of the deceased by holding them to the back side of his body. Then, A-1 hit the deceased on the head with a spear. Thereafter, A-2 hit the deceased on the back side with a stick used to cut grass. A-1 and A-2 beat the deceased with the above instruments on head and shoulders for which, the deceased fell down after sustaining injuries. There was heavy bleeding to the deceased. At that time, P.W.2, Prakash and Katamala Moshe were present. Immediately, they shifted the injured in an auto belonging to one Kiran to Eluru Government Hospital and admitted him there. Thereafter, he was shifted to Global Hospital, Vijayawada on the advise of the Doctors. After admitting the injured in Global Hospital, Vijayawada, the injured died at 2.30 a.m. on 27.03.2009.

Law was set into motion by lodging a report with P.W.11 – Sub Inspector of Police, Hanuman Junction Police Station, which came to be registered as a case in Crime No.51 of 2009 for the offence punishable under Section 302 read with 34 I.P.C. Ex.P-10 is the F.I.R.

P.W.12 – Inspector of Police, Hanuman Junction Circle, who took up investigation from P.W.11, visited the scene of offence at Kanumolu Village, at the house of A-1 and noticed blood stained steel bowls and blood stained earth. After observing the scene of offence, he prepared a Scene Observation Report in the presence of P.W.9 and one Nani Babu. Ex.P-6 is the Scene Observation Report. He also prepared a rough sketch of the scene of offence, which is marked as Ex.P-11. From the scene, he visited Global Hospital, Vijayawada where he conducted inquest over the dead body of the deceased in the mortuary of the hospital and prepared a report in the presence of witnesses. Ex.P-5 is the Inquest Report. After conducting inquest, he sent the body for post mortem examination.

P.W.10, who was working as an Associate Professor, Department of Forensic Medicine, Siddhartha Medical College, Vijayawada, conducted autopsy over the dead body of the deceased and issued Ex.P-9 – Post Mortem Certificate. The Doctor noticed two injuries and according to him, the cause of death of the deceased was due to head injury and its complications.

On 31.03.2009, basing on the information re