1. The appellant (hereinafter referred as "accused") was tried and convicted for offences punishable under Sections 381, 302, 201 IPC and acquitted of an offence punishable under Section 27 of Arms Act in S.C.No.260/2009 by judgment of conviction and order of sentence dated 29.12.2010 on the file of II Additional District and Sessions Judge, Mysore.

2. The prosecution case in brief is as under :

The deceased-Gunasagara Hegde was the resident of Mangalore. The accused-G.Kantharaju was working as a Police Constable in Vijayanagar Police Station, Mysore. The deceased was dealing in a real estate. In connection with purchase of house site, accused came in contact with deceased. It is the case of prosecution that accused had advanced Rs.50,000/- to deceased for purchase of house site. The deceased was not able to secure house site for accused nor he refunded the advance amount. The accused was frustrated. The accused developed enemity with deceased to such an extent that accused wanted to eliminate him. As such, accused telephoned deceased and secured his presence at Mysore on the pretext that one Swamiji of Nanjanagud is in need of house site for the purpose of establishment of old age home at Mangalore. Deceased came to Mysore and stayed in Lucia International Hotel on 21.06.2009 at 7.30 a.m. On the same day at 10.00 p.m. accused took deceased on his motorcycle under the guise of taking him to meet Nanjanagud Swamiji. On the way, when they reached near Nerale village, accused shot dead deceased with a pistol. He spilled petrol, burnt the face of dead body to cause disappearance of evidence.

On 22.06.2009 at about 7.00 a.m. one M. Nagarajappa saw half burnt dead body of an unknown person in the land of one Beeregowda. He informed one Shivananjaiah (PW.2), who gave first information (Ex.P26) to Kavalande Police Station on 22.06.2009 at 8.30 a.m. PW.48-G. Omkarappa, PSI of Kavalande Police Station registered a case in Crime No.77/2009 for offences punishable under Sections 302, 201 IPC against unknown person and forwarded FIR to jurisdictional Magistrate. He gave information to CPI, Nanjanagud Circle (PW.52) and proceeded to the spot of incident where PW.52 took up further investigation from PW.48. PW.52 conducted spot panchanama (Ex.P2) whereunder he seized spectacle, two spent cartridge cases, live match sticks, blood stained mud and sample mud. He conducted inquest mahazar (Ex.P1), took photographs of dead body and spot where dead body was traced as per Exs.P3 to P25.

On 23.06.2009, PW-52-Pramod Kumar, CPI subjected the dead body for post mortem examination in K.R. Hospital Mysore and after post mortem examination he preserved the dead body in cold storage in Mission Hospital, Mysore, where PW.7-Asha (wife of deceased), PW.10-Sadhana Shetty (cousin of deceased) identified dead body as that of deceased-Gunasagara Hegde. During the course of investigation, PW.52 suspected the involvement of accused behind the murder of deceased.

On 25.06.2009 PW.52-Pramod Kumar, CPI, Nanjanagud Circle secured call details of accused and deceased as per Exs.P-76 and P-77. He apprehended accused in his residence (Police Quarters), Hebbal, Mysore. Pw52 recorded voluntary statement of accused (Ex.P-79), which led to recovery of incriminating articles from different places. The accused led PW.52 and panchas to Nerale village where he pointed out place from where shoes, purse, bottles belonging to the deceased were seized. The photographs were taken.

PW.52 seized a bag containing a pistol (MO-10), 33 live cartridges (MO-11) and a mobile of deceased (MO-22) at the instance of accused which he had kept in the house of one Gayathri (PW.14) under a mahazar Ex.P36 in the presence of panchas. Thereafter accused took PW.52 to arms and ammunition room of Vijayanagar Police Station from where accused had clandestinely taken a pistol and 35 live cartridges. He conducted mahazar of the said room as per Ex.P37 in the presence of panchas.

On 28.06.2009, accuse