JUDGMENT :

The appellant, who is the sole accused in SC No.202/2012 on the file of the I Addl. District and Sessions Judge, Mandya, has challenged the judgment of conviction and sentence dated 28.10.2013. The learned Sessions Judge has convicted the appellant for the offence punishable under section 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-.

2. The brief factual matrix of the case is that:

A person by name Puttaswamy shetty father of deceased Mala, lodged a report before Shivalli Police as per Ex.P-11. It is alleged in the report that the said Mala was given in marriage to the accused Manju @ Manjunatha on 3.3.2006. After the marriage, the said Mala and Manju were residing together along with the mother and brother of the accused at Gorawale village. Subsequently, about one year prior to the incident, Mala and her husband were residing separately along with their two children in the house of one Hanumanthu S/o. Kalegowda in a tile roofed house. It is further stated that on 12.5.2012, when the 3rd son of the complainant, had been to Palahalli village, S.R. Patna Taluk to attend marriage of their relative the accused and deceased were also there in the marriage. At that time, the accused had shown a mobile conversation alleged to have taken place between Mala and some other person and made allegations against his wife. Then, the son of the complainant told the accused that, they can talk about the said matter later. On the same day, in the evening, when the complainant was working in the garden land of one Sathyappa near Gorawale village, he received a telephone call informing him that, the accused and deceased quarreled and in fact the deceased had sustained cut injury to her neck and hands and she succumbed to those injuries in her house. Immediately, the complainant came to the house of the accused and saw the dead body of his daughter Mala sustaining injury on her neck and hands. The accused was also found near the dead body. On inquiry, the accused told the complainant that he had committed the murder of his wife and also showed the sickle used for the commission of the offence. The accused also told before him that he was suspecting the fidelity and conduct of the deceased and therefore, he has committed her murder.

3. On the basis of the above said report, the Police registered a case in Crime No.50/2012 for the offence punishable under section 302 of IPC and initiated the investigation.

4. The accused was also arrested on the same day. After thorough investigation by the Police, they found that accused was the perpetrator of the crime and therefore, they laid charge sheet against the accused.

5. After securing the presence of the accused and after committal proceedings, the trial Court framed charges against him for the offence punishable under section 302 of IPC. As the accused pleaded not guilty, he was put on trial. The prosecution in order to bring home the guilt of the accused examined as many as 16 witnesses as PWs.1 to 16 and got marked Exhibits P-1 to P-31 and Material objects MOs.1 to 21. The accused was also examined u/s.313 of Cr.P.C. But he has not taken any specific defence except denying the total case of the prosecution. The accused also did not choose to lead evidence on his side. After hearing the counsel for the accused and the learned Additional State Public Prosecutor for the respondent – State, the trial Court after appreciating the oral and documentary evidence found that the prosecution has proved the case against the accused beyond reasonable doubt. Hence, it recorded the judgment of conviction and sentenced the accused accordingly as stated supra.

6. The learned counsel for the appellant strenuously contends before this court that none of the witnesses including the relatives of the accused and the deceased, except the Investigating Officers nobody have supported the case of the prosecution. The prosecution mainly relied upon the circumstance i.e., Ext