JUDGMENT :

C.Praveen Kumar, J.

Sole accused in Sessions Case No.169 of 2015 on the file of the learned Principal Sessions Judge, Guntur is the appellant herein. He was tried for the offences punishable under Section 304 Part-II of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and Sections 3 and 5 of the Explosive Substances Act, 1908 (hereinafter referred to as ‘the Act’).

2. Vide Judgment dated 14.12.2016, the learned Principal Sessions Judge, Guntur convicted the accused for the offence punishable under Section 304 Part-II of IPC and sentenced him to suffer rigorous imprisonment for a period of seven (07) years. He was further found guilty for the offence punishable under Section 3 of the Act and sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default of payment of fine, shall suffer simple imprisonment for a period of two (02) months. The appellant/ accused was further sentenced to suffer simple imprisonment for a period of five (05) years and to pay a fine of Rs.1,000/-, in default of payment of fine, shall suffer simple imprisonment for a period of fifteen (15) days for the offence punishable under Section 5 of the Act.

3. The substance of the charge against the accused is that on 23.11.2013 at about 4.30 a.m., at the house of accused situated in College bazaar, Chebrole, the accused unlawfully and maliciously stored sulphur and potassium in his house and due to pressure, it caused an explosion which resulted in collapse of roof and walls of the house, leading to death of the mother of the accused, who was sleeping there.

4. The facts in issue are as under:

(i) P.W.1 was working as Village Revenue Officer, Chebrole during the relevant time. On 23.11.2013, one Mothadu Machala Venkaiah, came and informed him about the blast at the house of the accused. On that, he went to the said place and noticed a tiled house caved in and also noticed the mother of the accused dead with some material over her body. Immediately, he went to the police station and lodged a report before P.W.7, who was working as Sub-Inspector of Police, Chebrole Police Station.

(ii) Basing on the said report, a case in Crime No.219 of 2013 came to be registered under Section 304 Part-II of IPC and Sections 3 and 4 of the Act. Ex.P.11 is the FIR. Further investigation in this case was taken up by P.W.8, Inspector of Police, who on receipt of case, proceeded to Chebrole Police Station, collected the FIR and then visited the scene of offence. At the scene, he prepared a Panchanama, which was marked as Ex.P.2. He seized burnt cloth pieces, burnt paper pieces, soil from beneath the almyrah, phosphorus power, sulphur powder etc., at the scene. He also got prepared a rough sketch at the scene, which is marked as Ex.P.12.

(iii) Thereafter, he conducted inquest over the dead body of the deceased, which is marked as Ex.P.3. After completion of inquest proceedings, he sent the dead body for Post-Mortem examination. P.W.6, who was working as Civil Assistant Surgeon at District Hospital, Tenali, conducted autopsy over the dead body and issued Ex.P.10 Post-Mortem Certificate. According to him, the cause of death was due to trauma and injury to the ribs, hemorrhage and shock.

(iv) On 27.11.2013, on receipt of reliable information, the Investigating Officer along with panch witnesses proceeded to Chebrole cinema hall for apprehending and arrest of accused. On seeing the police party the accused tried to skulk away, but he was surrounded and apprehended. On interrogation he is said to have confessed about the commission of offence. Ex.P.4 is the admissible portion of the said confession. Pursuant to the confession made by the accused, accused lead the police to the shed of Gavinedi Venkateswarlu, from where he brought three polythene covers, containing 24 packets consisting of potassium, weighing about 800 grams each along with some granite chips in other pouch. The same were seized under Ex.P.5.

5. After collecting all the necessary