JUDGMENT

T.MALLIKARJUNA RAO,J. - The accused in S.C. No.162 of 2012 is the appellant herein. He was tried for the offence punishable under Sec. 302 of the INDIAN PENAL CODE , 1860 (for short, 'I.P.C.'). By its Judgment dtd. 7/8/2015, the learned I Additional Sessions Judge, Vijayawada, convicted the accused for the offence punishable under Sec. 302 IPC and accordingly sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.500.00 in default to suffer rigorous imprisonment for 3 months.

2. The gravamen of the charge against the accused is that, on 30/5/2010 at about 5.30 PM at Gunnathotavalasa Village, he beat his father-Venkata Ramana, intentionally with a casuarina stick (Sarugudu Karra) on the head and caused bleeding injuries. The injured was shifted to Government Hospital and succumbed to injuries on 1/6/2010 at 7.00 PM, and the accused committed murder of his father.

3. In brief, the prosecution's case is that the accused is a resident of Gunnathotavalasa Village and lives by doing coolie work. The deceased is the father of the accused. About 3 years back, the deceased family maintained a tea stall near the N.C.S. Sugar factory, and L.W.5 Sumalatha maintained a tea stall nearby then. The accused fell in love with Sumalatha, and their marriage was performed. Later they shifted their family to Gowdu street, Bobbili. The deceased-Venkata Ramana, tried to outrage the modesty of the wife of the accused several times. On that, Sumalatha went away to her parent's house. On convincing by the accused, Sumalatha was brought back to their house by the accused. Even then, the deceased did not change his attitude. Later they shifted their residence to the Indiramma colony from Gunnathotavalasa Village. On 29/5/2010 at 9.30 PM, the accused and his wife slept on the house's terrace; the deceased went thrice and observed them. On noticing the same, the accused decided to kill the deceased. On 30/5/2010 at 5.30 PM, the accused asked his father about his coming to the terrace last night. The deceased replied arrogantly by commenting on the fidelity of the wife of the accused. Then the accused beat the deceased with a casuarina stick on the head and temporal region, causing bleeding injuries, and as a result, the deceased fell unconscious. Immediately the injured was shifted to Government Hospital, Bobbili, and in turn to KGH Visakhapatnam; while undergoing treatment, the deceased succumbed to the injuries. On 2/6/2010 at 9.00 AM, on receipt of death intimation over the phone from an out-post police station, altered the sec. of law and issued altered F.I.R.

4. On the accused's appearance, copies of the document, as required under Sec. 207 Cr.P.C., came to be furnished. Since the case is triable by the Court of Sessions, the matter was committed to the Court of Sessions U/S 209 Cr.P.C.

5. Based on the material available on record, as referred to earlier, the charge came to be framed, read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.

6. The prosecution examined P.Ws.1 to 12 to prove the case. It got marked Exs.P.1 to P.17 besides marking M.O.1. After completion of the prosecution evidence, the accused got examined under Sec. 313 Cr.P.C. regarding the incriminating and circumstantial material against the accused in the evidence of prosecution witnesses, to which he denied. No oral or documentary evidence was adduced on behalf of the defence. The defence was one of total denial.

7. After considering the necessary material available on record, the learned Sessions Judge found the accused guilty of the offence, convicted and sentenced as stated hereinbefore. Aggr