JUDGMENT :

(C. Praveen Kumar, J.)

1. Sole accused in Sessions Case No.228 of 2013 on the file of the Court of XV Additional District and Sessions Judge, Nuzvid, is the appellant herein. He was tried for an offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘I.P.C’), for causing the death of one Kode Yedukondalu on 20.09.2012 at 7.50 P.M., at Hanuman Junction Bus stand in Nuzvid Town. Vide judgment dated, 08.12.2015, the learned Sessions Judge convicted the accused and sentenced him to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default of payment of fine amount, to suffer simple imprisonment for a period of three months. Challenging the same, the present Criminal Appeal came to be filed.

2. The facts in issue are as under:

(i) P.W.1 is the wife of deceased, who was an auto driver, while P.W.2 is the wife of accused and elder sister of deceased. P.W.1 married the deceased about a year prior to the incident and both of them lived at Gopavaram, Musunuru Mandal, which is the in-laws’ house of P.W.1. P.W.2, a native of Kuchipudi village, who is having one daughter and one son, is residing at Kuchipudi village, which is her in-laws place also. It is said that the accused used to harass and beat P.W.2, due to which she used to live one week in the house of deceased and next week with her husband.

(ii) While the things stood thus, a month prior to the incident, the accused beat his wife (P.W.2) on the left hand, as a result of which, she sustained grievous injury. She came to the house of deceased along with her daughter and left her son with the accused. On 20.09.2012, as P.W.2 wanted to see her son, went to Kuchipudi. In the afternoon, P.W.2 along with her son came to Nuzvid bus stand to go to her father’s place. At that time, P.W.1 along with her husband (deceased) came to Nuzvid from Gopavaram for purchasing some clothes. While they are purchasing clothes, P.W.2 contacted them informing that she is at Nuzvid bus stand and requested them to come over there. It was about 7.30 P.M., then P.W.2 along with her son boarded the auto of deceased and reached auto point, which goes towards Hanuman Junction. At that point of time, the deceased requested P.W.2 to board another auto and that he will engage some more passengers to go to Gopavaram.

(iii) In the meanwhile, the accused came there and questioned P.W.2 about bringing their son without his knowledge and started beating her at the auto point. When the deceased intervened to rescue P.W.2, accused pushed him aside and stabbed him on his chest with a knife. He is said to have stabbed the deceased thrice on the cheat and also beat on the abdomen of the deceased. As a result of the said injuries, the deceased died on the spot. Immediately, an ambulance was called and the injured was shifted to hospital, where he was declared brought dead.

(iv) On 20.09.2012 at about 10.30 P.M., law was set into motion by lodging a report before P.W.11-Sub-Inspector of Police, Nuzvid Police Station, which came to be registered as a case in Crime No.191 of 2012 under Section 302 of I.P.C of Nuzvid Police Station. Ex.P7 is the Original F.I.R.

(v) On receipt of a copy of F.I.R from P.W.11, P.W.12- Inspector of Police, Nuzvid took up investigation. During the course of investigation, he visited the scene of offence and posted a constable to guard the scene of offence, as it was late night. On 21.09.2012, he again visited the scene of offence; prepared a rough sketch under Ex.P8; secured the presence of mediators; prepared scene observation report, which is marked as Ex.P3; collected the controlled earth and blood stained earth in polythene covers and obtained the signatures of the mediators. Later, he visited the Area Hospital, Nuzvid and held inquest over the body of the deceased in the presence of mediators and later sent the dead body for Post Mortem examination. Ex.P2 is the inquest report.

(vi) P.W.10-Civil Assistant Surgeon, Area Hospital, Nuzvid conducted Pos