JUDGMENT :

A. Hari Haranadha Sarma, J.

Introductory:

The appellant herein is the sole accused in Session Case No.108 of 2016 on the file of the Principal District and Sessions Judge, Visakhapatnam. He was tried and convicted for the charge under Section 302 IPC and sentenced to suffer imprisonment for life and to pay fine of Rs.2,000/- and in default of payment of fine, directed to suffer simple imprisonment for a period of one month under the judgment dated 30.11.2017. The said conviction and sentence are questioned in this appeal.

Case of the prosecution:

2(i). One Kaki Rambabu (hereinafter referred to as “the deceased”) is the son of P.W.1-Kaki Nookaraju and friend of the accused. On 05.08.2013, accused and deceased attended the birthday function of the son of P.W.4. The mobile phone of the accused was missing, for which the accused suspected the deceased and there was an altercation between the deceased and the accused. They abused each other touching the characters of ladies of their respective family members. P.W.4, P.W.5 and another L.W.8-Pithani Srinu @ Srinivasa Rao interfered and pacified the matter and sent them to their respective houses at 11:30 p.m. from the house of P.W.4.

(ii). At about 12:00 midnight, the accused and the deceased on the way to their houses again quarreled with each other. Houses of both of them are in near vicinity. The accused brought a knife from his house and hacked the deceased on the head, causing a cut injury. Then, the deceased raised loud cries. On hearing the cries, the parents of the deceased, P.W.1-Kaki Nookaraju and L.W.2-Kaki Nookalamma and neighbours P.W.3, P.W.6 and L.W.10-Kadagala Parvathi rushed to the scene of offence and noticed the accused holding the knife with blood stains. P.W.3 removed the knife from the hands of the accused. Then the accused escaped from the spot. The deceased was shifted to NTR Hospital, Anakapalli, in the Auto of P.W.2-Kaki Ramana for treatment.

(iii). P.W.12 gave first aid to the deceased and referred him to KGH, Visakhapatnam, for better treatment. But, the deceased was shifted to Kala Hospital, Visakhapatnam. On receipt of information from Kala Hospital, Visakhapatnam, P.W.14 visited the hospital and noticed the deceased in a critical condition. Then he recorded the statement of P.W.1 vide Ex.P1 and registered a case in Crime No.109 of 2013 for the offences under Sections 324 and 506 IPC on 06.08.2013 at about 21:00 hours vide FIR-Ex.P9.

(iv). During the course of investigation, P.W.14 examined witnesses P.W.1, Kaki Nookalamma and P.W.2 and recorded their detailed statements and visited the scene of offence. He has examined the scene of offence in the presence of P.W.7 and L.W.12-Kaki Appalaraju and seized the crime weapon i.e. the knife with blood stains, under cover of an occurrence report dated 07.08.2013-Ex.P3, arrested the accused and sent him to judicial custody.

(v). P.W.15 took up further investigation. In the meanwhile, the deceased succumbed to injuries on 16.08.2013. Thereupon, P.W.1 submitted report- Ex.P2, on which the case was altered from Sections 324 and 506 IPC to Section 302 IPC.

(vi). P.W.16 conducted the further investigation, visited KGH Hospital, where the dead body of the deceased was there he got the dead body, photographed through photographer-P.W.10 and held an inquest over the dead body in the presence of P.W.1, Kaki Nookalamma, P.W.2 and L.W.5- Kaki Ramana, the family members and panchayatdars P.W.8, P.W.9 and L.W.16-Geddada Ramana, L.W.17-Karri Sundararao and L.W.18-Karri Venkata Ramana and sent the corpse for autopsy. L.W.22-Dr. Y. Pydiraju conducted the autopsy and issued post-mortem certificate, opining that the deceased appeared to have died of respiratory and circulatory failure due to injury to the brain due to head injury.

(vii). During the further course of investigation, P.W.17 examined P.W.11 and P.W.12 and recorded their statements and collected information about P.W.11 giving first aid and collected the case sheet fr