JUDGMENT :

C. Praveen Kumar, J.

The present Criminal Appeal came to be filed challenging the conviction and sentence imposed in Sessions Case No.277 of 2014 on the file of the learned XII Additional Sessions Judge, Krishna at Vijayawada.

2. The sole accused herein was tried for the offence punishable under Section 302 I.P.C. Vide judgment, dated 16.02.2015, the accused was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of six months.

3. The graveman of the charge against the accused is that on 08.01.2014, in between 8.00 and 8.30 p.m., there was a quarrel between the accused and one Kolli Raju (hereinafter, referred to as “the deceased”) pursuant to which, he beat the deceased with kurupi (big size garite) on the head and forehead of the deceased leading to his death.

4. The case of the prosecution, in brief, is as under:-

The deceased used to work in a mess in Sri Chaitanya College, Nidamanuru campus. He along with the accused used to cut vegetables for preparation of food material. The record shows that on 08.01.2014, at about 12 noon, there was a quarrel between the accused and the deceased, as the accused was not attending the work properly. The deceased is said to have scolded the accused for coming late to work everyday thereby, the burden of doing the work is increased on the deceased. The accused seems to have replied that when the persons, who are paying him salary, are not questioning about the same, who is he to ask him? Both of them were separated by the persons present there. In the evening at 8.00 p.m., after completion of dinner by the last batch of students, there was again a quarrel between the accused and the deceased. While both of them along with others were taking dinner after completion of work, the deceased again commented stating that the accused is not doing the work well. On that, the accused grew wild, brought one iron rod from the kitchen. At that point of time, P.W.4 intervened and snatched the rod from the hands of the accused. Thereafter, the accused went inside the mess and brought a knife. The evidence of P.W.1 shows that P.W.4 also took the knife from the hands of the accused. While both the accused and the deceased were taking dinner, again, there was a quarrel between them and on that, the accused is said to have beat the deceased with a rod on his head, face and nose repeatedly. Immediately, he was taken to hospital by P.W.3 and one Veera Babu, where the Doctors declared him brought dead.

At about 10.45 p.m., P.W.9 – Head Constable received the death intimation of the deceased from Government General Hospital, Vijayawada. Ex.P-7 is the Death Intimation. Immediately, he rushed to the hospital where he noticed the nephew of the deceased (P.W.1) present. He enquired P.W.1 and recorded his statement in the hospital. Basing on the statement of P.W.1, he registered a case in Crime No.29 of 2014 for the offence punishable under Section 302 I.P.C. Ex.P-8 is the statement of P.W.1.

On receipt of a copy of the F.I.R. under Ex.P-10, P.W.12 rushed to the Government General Hospital, Vijayawada and found the dead body kept in mortuary. He posted a Constable to guard the dead body. He then visited the scene of offence situated at Sri Chaitanya College Campus, Nidamanuru and posted a Guard to guard the scene of offence. He prepared a rough sketch of the scene, which is marked as Ex.P-11. He noticed the staff of the mess detained the accused and kept him in their premises. It is said that the accused complained of pain in his right hand shoulder (invisible pain) and as such, he took him into his custody and brought him to police station and later, sent him to Government General Hospital with a memo for examination.

On the next day morning, at 6.00 a.m., he along with mediators proceeded to the scene of offence in a jeep and prepared a Scene Observation Report under Ex.P-2. He also got photographed t