JUDGMENT

(per the Hon’ble Sri Justice P.SAM KOSHY The instant is an appeal under Section 374(2) of the Cr.P.C filed by the appellant – accused challenging the judgment of conviction dated 10.11.2014 in S.C.No.153 of 2012 passed by the Principal Session Judge, Khammam.

2. Heard Mr. Banda Prasada Rao, learned counsel for the appellant and Mrs. Shalini Saxena, learned Additional Public Prosecutor appearing for the respondent – State.

3. Vide the impugned judgment, the appellant has been found guilty for having committed the offence under Section 302 of IPC, 1860 (for short, ‘IPC’) and was sentenced to undergo imprisonment for life with a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for six (06) months.

4. The facts of the case, in brief, are that on 03.07.2011 the complainant Naganaboina Komuraiah (PW.1) lodged a complaint at Police Station, Garla stating that he performed his daughter Neelamma’s marriage with a man from Ayyagaripelle, Warangal District. However, problems arose when the appellant telephoned the first husband of Neelamma (hereinafter, the ‘deceased’) and informed that he has an illicit relationship with the deceased. This led to a panchayat being held and eventually the deceased and her husband got divorced. PW.1 then arranged another marriage for her with a man from Sujathanagar. Unfortunately, the appellant who was already married to his maternal uncle's daughter and had a child, intervened once again taking his daughter away and they have been living together for a year. Further, the appellant moved with the deceased, who is pregnant, to Chandragiri village where they rented a house from Guguloth Ramulu. Over this period the appellant, who is addicted to alcohol has been continuously harassing and abusing the deceased. Despite her attempts to endure the situation, the harassment and abuse intensified. On 02.07.2011, the appellant under the influence of alcohol had a heated argument with the deceased over a family matter involving her parents visiting their house. The argument escalated and the appellant physically assaulted the deceased with a stick. The deceased threatened to end her life and left the house. Witnesses later saw the appellant bringing her back and another altercation ensued. In a fit of rage, the appellant strangulated the deceased and attempted to make it appear as if she had committed suicide by hanging.

5. The police authorities registered the complaint as Cr.No.35 of 2011 for an offence under Section 302 of IPC. After completion of the inquest, the body was sent for autopsy at the Government Civil Hospital, Garla and the investigation started. During the course of investigation, the appellant was arrested on 06.07.2011 at 12:00 hours and in the presence of mediators, his confessional statement was recorded and the stick was used in the commission of the offence was also recovered. Based upon the said confessional statement and the recovery so made, a charge-sheet was filed and the matter was put to trial before the Sessions Court i.e. the Principal Sessions Judge at Khammam where the case was registered as S.C.No.153 of 2012.

6. In all, the prosecution examined thirteen (13) witnesses and marked eighteen (18) exhibits i.e. Ex.P.1 to 18 and three (03) material object MOs.1 to 3. There was no evidence led on behalf of the defence, neither was there any document marked in defence. Later on examination of the appellant was done under Section 313 of Cr.P.C and finally the impugned judgment was passed convicting the appellant for the offence under Section 302 of IPC and the appellant was sentenced imprisonment for life with fine of Rs.1,000/-. It is this judgment which is under challenge in the present appeal.

7. Learned counsel for the appellant challenging the impugned judgment contended that the evidence provided by the prosecution was insufficient to conclusively prove that the appellant was responsible for the murder of the deceased. The learned counsel for t