JUDGMENT :

SHAMEEM AKTHER, J.

1. This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) is filed by the appellant/accused, aggrieved by the judgment, dated 01.05.2014, passed in S.C. No. 583 of 2012 by the learned VI Additional Sessions Judge, Godhavarikhani, whereby, the Court below found the appellant/accused guilty of the offence punishable under Section 302 of I.P.C. and accordingly, convicted him of the said offence and sentenced him to undergo imprisonment for life and to pay a fine of Rs.500/- in default, to undergo imprisonment for three months.

2. We have heard the submissions of the learned counsel for appellant/accused, the learned Public Prosecutor appearing for the respondent/State and perused the record.

3. The case of the prosecution, in brief, is as follows:

On 31.12.2011 at about 08:00 hours, PW-1-Banoth Jaipal lodged a complaint with police, Godavarikhani-II Town, stating that he is a resident of Mamidigudem Village, Kasipeta Mandal, Adilabad District. He performed the marriage of his daughter Rajamani (the deceased) with one Azmeera Saraiah, resident of 8-incline colony, Godavarikhani, about 18 years prior to the date of alleged incident. They were blessed with one daughter and one son. On 30.12.2011, during evening hours, he received information over phone that his daughter-Rajamani died by hanging. Then he along with his wife (PW-2) went to the house of his daughter and came to know that his daughter hanged with lungi to iron pipes attached to the roof of her house. By the time he reached the house of his daughter, the dead body of his daughter is in front of her house. He further stated that his daughter was suffering with stomach ache for a long time and due to unbearable pain, she might have committed suicide. He as well as his family members have no suspicion on anybody regarding the suicidal death of his daughter and requested to conduct panchanama and investigate the case.

4. Basing on the report lodged by PW-1, PW-14-Sub Inspector of Police, Godavarikhani II Town Police Station, registered a case in Crime No. 131 of 2011 under Section 174 Cr.P.C. and issued Ex.P11-FIR. On the same day, he conducted inquest panchanama over the dead body of the deceased in the presence of PW-11-Bhukya Sarojana and LW.12-B.Bangyanaik. After receiving post-mortem examination report, he filed Section alteration memo before the Honourable Judicial Magistrate of First Class, Godavarikhani, altering the section of law from Section 174 Cr.P.C. to Section 302 I.P.C. Thereafter, he handed over the CD file to PW-15-Circle Inspector of Police, Godavarikhani, for further investigation. PW-15 examined PWs. 1 to 10 and 12. On 07.04.2012, he arrested the accused (Daravath Saraiah) and secured the presence of LW.14-D. Rajagopal and one B. Odelu, in whose presence the accused said to have confessed about the commission of the alleged offence. Thereafter, the accused was produced before the learned Judicial Magistrate of First Class, Godavarikhani, for judicial custody. After completion of investigation, he filed charge sheet against the appellant/accused for the offence under Section 302 I.P.C.

5. The learned Magistrate had taken cognizance of the case and registered the same as P.R.C. No. 24 of 2012 and committed the same to the Court of Session, since the case is exclusively triable by the Court of Session and the same was numbered as S.C. No. 583 of 2012 and made over to the Court below for trial and disposal, in accordance with law.

6. After hearing both sides, the Court below framed charge under Section 302 I.P.C. against the accused, read over and explained to him, for which, the accused pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused, the prosecution examined PWs. 1 to 15 and got marked Exs.P1 to P12, besides case property, M.O.1.

8. PW-1-Banoth Jaipal (de facto complainant) and PW-2-Banoth Yakamma are the father and mother of the deceased, respectively. PW