JUDGMENT

Sanjay Kumar, J.—Burra Venkanna suffered a knife attack on 26.06.2006 at Ramachandrapuram, Gummadavally Village, Thungathurthy Mandal, Nalgonda District, and succumbed on 28.06.2006. Komire Venkanna was charged with his murder under Section 302 IPC in Sessions Case No.451 of 2009 on the file of the learned II Additional Sessions Judge, Nalgonda at Suryapet. He was also charged with committing an offence under Section 324 IPC by causing hurt to Komire Mansoor (P.W.1) with a knife. By judgment dated 09.02.2011, the Sessions Court convicted him on both charges. He was sentenced to life imprisonment apart from paying a fine of Rs.5,000/-, in default of which he was to suffer simple imprisonment for three months, in relation to his conviction under Section 302 IPC and to rigorous imprisonment for two years apart from paying a fine of Rs.1,000/-, in default of which he was to suffer simple imprisonment for one month, for his conviction under Section 324 IPC. Aggrieved by the convictions and sentences visited upon him, the accused is in appeal.

2. History of the case, in brief, is as under:

“The Assistant Sub-Inspector of Police, Thungathurthy Police Station (P.W.19), was presented a Telugu written complaint (Ex.P1) against the accused by P.W.1 at 10.30 PM on 26.06.2006, wherein he alleged that the accused made an attempt to murder him and had also stabbed the deceased. Thereupon, P.W.19 registered Crime No.84 of 2006 under Section 307 IPC. Ex.P11 is the FIR. He examined P.W.1 and recorded his statement. As P.W.1 had sustained injuries on his hand and stomach, he sent him to the Area Hospital, Suryapet, for treatment. On the next day, P.W.19 visited the scene of the offence at Ramachandrapuram. As there was rainfall the previous night, he did not find any material objects at the scene. He summoned panchas, P.W.14 and Thadakamalla Venkanna (L.W.21), and conducted the scene of the offence panchanama. He then examined P.W.3, P.W.6 and P.W.9 and recorded their statements. On 28.06.2006, he received intimation from Gandhi Hospital, Secunderabad, about the death of the deceased. He then altered the provision of law from Section 307 IPC to Section 302 IPC. He then went to Gandhi Hospital, Secunderabad, and examined P.W.5, P.W.7 and P.W.8. He called the photographer, Shaik Arif Hussain (L.W.19), and got the body of the deceased photographed. Ex.P12 is the set of two photographs. He conducted an inquest over the body of the deceased at Gandhi Hospital, Secunderabad, from 4.00 PM to 6.00 PM, in the presence of P.W.15 and Bojja Saidulu (L.W.23). Ex.P6 is the inquest panchanama. The body of the deceased was then sent for post- mortem examination. The Circle Inspector of Police, Suryapet Circle (P.W.21), thereupon took up the investigation after receiving the CD file from P.W.19. On 14.07.2006, he examined and recorded the statement of Komire Mahesh (L.W.3). On the same day, he apprehended the accused at his house at Ramachandrapuram at about 8.00 AM. He secured two panchas, P.W.17 and P.W.18, when the accused stated his intention of confessing to the commission of the offence. He recorded the confession statement of the accused in the presence of the two panchas. The accused then led them inside his house and showed the place where he had hidden the knife used by him. The panchas took out the knife which was blood-stained. He then seized the knife (M.O.1). Ex.P14 is the relevant portion of the confession statement leading to the recovery. The accused was then produced before the Court for judicial remand. On 21.07.2006, P.W.21 filed a requisition before the Judicial First Class Magistrate, Nakrekal, requesting him to record the statements of the witnesses, P.W.1, P.W.3 and P.W.7, under Section 164 CrPC. Ex.P16 is the requisition. The Judicial First Class Magistrate, Nakrekal, recorded the statement of P.W.1 (Ex.P17) and the statement of P.W.3 (Ex.P18) on 29.07.2006. P.W.7 did not appear before the Judicial First Class Magistrate, Nakrek