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Immediately, PW.1-Settupalli Kousalya shifted the deceased to the Government Hospital, Kothagudem, in ambulance and while undergoing treatment, the deceased succumbed to injuries on 3 Dr.SA, J & NTR, J 29.05.2011 at 02:30 hours. Hence, she requested to take necessary action against the accused.

4. Basing on Ex.P.1-report dated 29.05.2011 lodged by PW.1- Settupalli Kousalya, wife of the deceased, PW.15-Sub-Inspector of Police, Paloncha Rural Police Station, registered a case in Crime No.41 of 2011 for the offence under Section 302 r/w 34 of IPC and issued Ex.P11-Express First Information Report and handed over the investigation to PW.16-Circle Inspector of Police, Paloncha, since the offence is grave in nature. PW.16 visited the scene of offence, recorded the statements of witnesses (PW.1-Settupalli Kousalya, PW.3-Kodupuganti Srinu, PW.4-Sarkar Shankar, PW.7- Shaik Meera Begum and PW.8-Nuthakki Venu), conducted scene of offence panchanama under Ex.P.5 in the presence of LW13-Payam Papaiah (PW.6) and LW.14-Veeraboina Biksham and seized bloodstained apparels of the deceased and thereafter, held inquest over the dead body of the deceased under Ex.P.3 in the presence of LW.12-Rapolu Srisailam (PW.5) and LW.13-Payam Papaiah (PW.6) and subjected the dead body for autopsy. PW.2-Dr.B.Bala Subrahmanyam, conducted autopsy over the dead body of the deceased and issued Ex.P.2-post-mortem examination report, wherein the cause of death of the deceased was mentioned as "head injury with intracranial Haemorrhage due to hit by a heavy 4 Dr.SA, J & NTR, J blunt weapon". On 30.05.2011, PW.16 examined LW.8-Kalloju Karthik (PW.11) and LW.9-Kolla Rajasekhar, and recorded their statements. On 07.06.2011, PW.16 examined LW.10-Dara Mangapathi (PW.12) and LW.11-Laudiya Sarvan (PW.13) and recorded their statements. On 06.06.2011 at 15:00 hours, PW.16 arrested the accused and interrogated him in the presence of LW.15-Nanini Bala Raju (PW.14) and LW.16-Varasa Ramulu, during which, the accused confessed that he alone committed the offence and no one has accompanied with him. PW.16 recorded the confessional statement of the accused under Ex.P.9 and the accused lead PW.16 and other mediators to Bikkuthanda x roads, near shrubby bushes and shown M.O.1-pestle, which was used in the commission of offence. PW.16 seized M.O.1-pestle in the presence of mediators and sent the accused to the Court for judicial remand. In the charge sheet, it has been mentioned that the presence of another person, as stated by PW.1 has not been established since the accused alone committed the offence and therefore, the involvement of another person as stated by PW.1 was ruled out and the accused alone is liable for punishment under Section 302 IPC. On completion of investigation, PW.16 filed charge-sheet before the learned III Additional Judicial Magistrate of First Class, Kothagudem, against the accused of the offence punishable under Section 302 of IPC.

6. On appearance of the accused, the trial Court framed charge against the accused for the offence under Section 302 of IPC, read over and explained to him, for which, he pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused, the prosecution examined PWs.1 to 16 and got marked Exs.P1 to P11, besides case properties, MOs.1 to 5. PW.1-Settupalli Kousalya, wife of the deceased, is the complainant and eye witness to the commission of offence. PW.2- Dr.B.Bala Subramanyam, is the doctor, who conducted autopsy over the dead body of the deceased and issued Ex.P.2-post-mortem examination report. PW.3-Kodupuganti Srinu, is the village elder, who pacified the disputes between the deceased and accused. PW.4-Sarkar Shankar, is neighbour of the deceased. PW.5-Rapolu 6 Dr.SA, J & NTR, J Srisailam, is the witness for Ex.P.3-inquest panchanama. PW.6- Payam Papaiah, is the witness for Ex.P.3-inquest panchanama and Ex.P.4-crime details form. PW.7-Shaik Meera Begum and PW.8- Nuthakki Venu, are neighbours of the deceased and circumstantial witnesses. PW.9-Koppula Venkateswarlu, is the photographer, who took photos of the scene of offence. PW.10-M. Prabhakar is the photographer, who took photos of the dead body of the deceased at Government Hospital, Kothagudem. PW.11-Kalloju Karthik, is the scribe of Ex.P.1-report and circumstantial witness. PW.12- D.Mangapathi, is the circumstantial witness. PW.13-Lavudya Sarvan, is the circumstantial witness. PW.14-N. Balaraju, is the panch witness for confession and seizure panchanamas, PW.15- D.Venkatarathnam, Sub-Inspector of Police, Paloncha Rural PS, who registered the subject crime and issued Ex.P.11-First Information Report. PW.16-B.Ravindranath, Circle Inspector of Police, Paloncha, is the Investigating Officer, who conducted investigation, arrested the accused and laid charge-sheet before the Court. Ex.P.1 is the report. Ex.P.2 is post-mortem examination report. Ex.P.3 is inquest report. Ex.P.4 is crime details form. Ex.P.5 is rough sketch. Ex.P.6- photographs of scene of offence along with C.D. Ex.P.7-photographs of dead body of the deceased along with C.D. Ex.P.8 is the signature of PW.11 on Ex.P.1-report. Ex.P.9 is confession panchanama. Ex.P.10 is seizure panchanama and Ex.P.11 is the 7 Dr.SA, J & NTR, J First Information Report. MO.1 is pestle. MO.2 is one pair blue slippers. MO.3 is bloodstained shirt. MO.4 is bloodstained banian. MO.5 is bloodstained blanket (Bontha).

11. On the other hand, the learned Public Prosecutor would submit that since two decades PW.1 and the deceased were living together at Basavatharaka Colony, Paloncha, as husband and wife. PW.1 is the direct witness to the commission of offence by the 9 Dr.SA, J & NTR, J accused. M.O.1-pestle was used in the commission of offence and it was seized pursuant to the confession made by the accused. There is evidence of PW.13 who saw the accused on the intervening night of 28/29.05.2011 around 1:00AM by the side of his house. PW.3 spoke about the motive for commission of offence and that PW.1 had informed him that the accused caused the subject death. Ex.P.1-report lodged by PW.1 immediately on the next day of the incident, discloses the commission of offence by the accused and it has been corroborated by PW.1 and also PW.15-S.I of Police, who received the same. There is no reason for PW.1 to falsely implicate the accused for the death of her husband (deceased). On earlier occasion, there was a quarrel between the deceased and the accused. In that quarrel, the deceased slapped the accused. Even though the deceased apologized to the accused, the accused keeping the same in mind, caused the subject death by beating the deceased with M.O.1-pestle. It clearly demonstrates the intention on the part of the accused to cause the subject death. The Court below elaborately dealt with entire evidence on record and rightly arrived at a conclusion that the prosecution proved the guilt of the accused beyond all reasonable doubt of the offence under Section 302 of IPC and ultimately prayed to dismiss the appeal by confirming the conviction and sentence recorded against the accused vide the impugned judgment.

"1) An open blunt injury of 10 x 1 x 2cm, is present over the frontal area of the skull extending from right eyebrow to the middle of the frontal hair line of scalp.
2) A cult injury of 4 x 1 x 3 cm is present over the left cheek 5 cm below the left lower eye lid.
3) A cut injury of 2 x 2 cm is present over the left angle of the upper lip."

PW.2 further deposed that on internal examination, he found blood clot over the anterior parietal brain matter and the rest of the organs are intact. He issued post mortem examination report and opined that the deceased died due to "head injury with intracranial haemorrhage due to hit by a heavy blunt weapon". Ex.P.2-post- mortem examination report substantiates the same. PW.2 further stated that the death of the deceased might have occurred 12 to 14 hours prior to his post-mortem examination. MO.1-pestle was seized, pursuant to the confession made by the accused. There is also Ex.P3-inquest report to show that the deceased was beaten with pestle. Ex.P.4-crime detail form, Ex.P.5-rough sketch of the scene of offence and Ex.P.6-photographs of the scene of offence, 12 Dr.SA, J & NTR, J coupled with the evidence of PW.3, PW.4, PW.6, PW.7 and PW.8 demonstrate that the deceased was beaten at his house, situated at Basavarthaka Colony, Paloncha, on the intervening night of 28/29.05.2011. Thus the evidence on record clinchingly establishes that the death of the deceased is homicidal and it was caused on the intervening night of 28/29.05.2011 at Basavatharaka Colony, Paloncha. There is no dispute that the subject death is homicidal. The question that needs to be answered in this case is as to who caused the death of the deceased.