The brief facts of the prosecution case are as follows:

The deceased Muthamma @ Yellawwa was a native of Chikkagonnagar, Kushtagi Taluk, Koppal District. About six months prior to her death, she had come to Panambur along with her son Yellappa – PW4 who was aged 8 years. Her husband Balappa had died. About two months prior to her death, she was residing at Thokoor in a rented house along with PW4 and the accused. Accused was working as a Cleaner in a lorry owned by Udaya Kamath. The accused used to go home after consuming alcohol and abuse the deceased and her son. On 05.09.2009, the accused had given money to the deceased and asked her to pay rent to the landlord and accordingly, she had given the money to the landlord. On the same night, the accused asked the deceased to return the money given by him and assaulted the deceased and PW4. On the same night, the deceased left the house along with her son PW4 and slept in the Kudumboor busstop, located at Baikampady – Kudumboor road at Baikampady Industrial Area. At about 1.45 a.m. on 06.09.2009, the accused came to the said busstop, and on seeing the deceased and PW4 sleeping there, assaulted PW4 with a wooden plank on his h