JUDGMENT :

(Ujjal Bhuyan, J.)

This appeal by special leave takes exception to the conviction of the appellant under Section 306 of the Indian Penal Code, 1860 (IPC).

2. It may be mentioned that the Fast Track Court – III Mysore vide the judgment and order dated 06.07.2004 passed in S.C. No. 26/2002 convicted the appellant for the offence under Section 306 IPC and sentenced him to undergo rigorous imprisonment (RI) for three years and to pay fine of Rs. 2,000/-, in default to undergo RI for four months for the aforesaid offence. Appeal filed by the appellant under Section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka, being Criminal Appeal No. 1139/2004 (SJ-A) was dismissed vide the judgment and order dated 17.09.2010 by upholding the conviction and sentence imposed by the trial court.

Prosecution case

3. Case of the prosecution is that the appellant was earlier residing in the house of the deceased as a tenant though on the date of the incident he was residing elsewhere as the term of the lease agreement had expired. On 05.07.2000 at about 09:00 AM, the deceased was returning home after dropping the children of her sister in the school. When sh