( 1 ) THIS appeal is directed against the judgment of conviction and sentence recorded by the ix additional city civil and sessions judge, Bangalore city, in S. C. No. 280 of 1995, convicting the accused for the offence punishable under Section 302 of the Indian Penal Code, and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2,000/-, in default to pay the fine, he shall further undergo rigorous imprisonment for fifteen days.

( 2 ) DECEASED is the father of the accused. Initially the appellant and his mother, c. w. 14 were charge-sheeted for the offence punishable under sections 302 and 201 of the Indian Penal Code, respectively. But, the appellant's mother was discharged by the learned sessions judge on the ground of insufficient material to try her for an offence punishable under Section 201 of the Indian Penal Code.

( 3 ) IT is the case of the prosecution that the deceased was a private medical practitionef at koramangala extension, a prime residential locality in Bangalore. He married a girl outside his caste. His brothers and sisters, namely, p. ws. 4, 6 and 7 were not happy with this marriage, but they reconciled to it, as time is the healing factor. Accused and c. w. 15-chinnu, are the two sons born out of the wedlock. The deceased had a good residential bungalow at koramangala just behind the residence of the then inspector general of police Mr. Srinivasan. P. w. 5-nanjaiah was the servant. The house of the deceased consists of a ground floor and first floor where there is a bedroom with a veranda and a sit-out. There is also a door opening to the terrace. The deceased used to stay in the first floor. The deceased was a prosperous professional who had acquired both movable and immovable properties. It is also the case of the prosecution that the deceased was not happy with his wife, c. w. 14, and he was thinking of giving divorce to her. He was aged about 50 years. He was also sad with the conduct of his eldest son, the accused, who after obtaining a b. b. m. , was loitering here and there without any work. It is alleged that the deceased wanted to put him in some business. Therefore, he purchased seven acres of non-agricultural land and wanted his son to take up the construction. The accused was not happy with this conduct of the deceased. It appears he wanted only money and not the work the deceased used to complain to his brother, P. W. 4 and his sisters, p. ws. 6 and 7 about his unhappy married life of late. This was the position in the family of the deceased.

( 4 ) IT is alleged that on the fateful day, i. e. , on 7/8-4-1995, at about 1. 30 a. m. , m. s. Sripadachar, police constable who was working as a driver in the residence of the then i. g. p. Mr. Srinivasan, overheard some noise from the house of the deceased. He, therefore, ran towards their house, found the door of the house closed, he knocked at the door. After some time, the door was opened and c. w. 14-meera arya, came out. It was pitch-dark as there was no electricity and this was due to sudden burst of the transformer. P. w. 1 questioned the lady as to the cause of the noise and she told him that somebody assaulted her husband. He was taken to the first floor where he found that Dr. Rajagopal had head injuries and he was no more. He was in a sitting position, his head bending towards the mat. There was bleeding at the place where the dead body was found. P. w. 1, thereafter, tried to convey it to the police. Since c. w. 14 engaged herself in telephoning somebody, he went back to his officer's house and conveyed the same to the jurisdictional police through phone. The sub-inspector of police, who received the information, registered a criminal case and he immediately visited the house of the deceased within ten minutes. He sent a request for a dog squad. As it was dark in the night, no further proceeding was taken by the sub-inspector of police except deputing some constables to keep watch over th