JUDGMENT :

K.N. PHANEENDRA, J.

1. The appellant is accused No. 1 in S.C. No. 305/2011 on the file of the V Additional District and Sessions Judge, Mysuru (in short, 'trial Court') wherein, vide judgment of conviction and order of sentence dated 22.01.2016 he was convicted for the offence punishable under Section 302 of IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- with default sentence of one year rigorous imprisonment.

1.1 Though four accused were arraigned, the Trial Court found no evidence in so far as accused Nos. 2 to 4 are concerned, therefore, they were acquitted of the charges levelled against them for the offences punishable under Sections 498A, 304B, 302 read with Section 34 of IPC and also under Sections 3 and 4 of Dowry Prohibition Act, 1961. As the Trial Court found sufficient materials as against the appellant (accused-1), and after appreciating the oral and documentary evidence on record, the Trial Court has recorded the judgment of conviction and sentence as noted supra.

2. It is the case of the prosecution that the deceased by name Latha was given in marriage to the appellant and they lived as husband and wife for some time. At the time of marriage, it is alleged that, accused No. 1 and his family members have demanded 4 tola's of gold and an amount of Rs. 2.00 lakhs as dowry. Apart from that, it is also alleged that even after the marriage, they put-forward a further demand of Rs. 4.00 Lakhs towards dowry. The accused No. 1, in fact, has also been suspecting the fidelity and loyalty of his wife. And even on such suspicion, at one point of time, he got aborted a child. In this background, on the above said motive, it is alleged that on 07.06.2011, the accused persuaded his wife and took her to Mysuru and stayed in a lodge by name Ayodhya Lodge in Room No. 304. After staying in the said room on that particular day, the accused mixed Cyanide poison in alcohol and forced her to drink the same. Due to the consumption of the same, she actually suffered giddiness and thereafter, it is alleged that the accused has immersed her head in a bucket containing water in order to ensure the death of the said lady. It is also stated that, the accused has assaulted her and caused severe injuries on her and due to all these factors she succumbed to the injuries and died in the said room of the lodge. After dragging the body to the bathroom and making it lay in the bathroom, he locked the room and went away from the said room.

3. It is the further case of the prosecution that the accused himself called his father-in-law i.e. the father of the deceased, PW. 10-Hanumanthappa Kattimani, saying that he has committed the murder of the daughter of PW. 10. Suspecting the conduct of the accused, PW. 10 informed the same over phone to his friend by name Muniraju to enquire into the matter and report to him. It is the further the case of the prosecution that the said Muniraju has contacted PW. 1-Hanumanthu, who is the resident of Mysuru, to enquire into the matter and inform the factual aspects to him. Thereafter, PW. 1 had visited the said Ayodhya Hotel, met PW. 2-Ganesh Rao and asked whether any couple had come to the Hotel and stayed in Room No. 304 and PW. 2 in turn told him that in Room No. 304 a couple were staying who came to the Hotel on 07.06.2011 and he also informed that they had gone out from the Hotel by keeping open the tap and PW. 2 also telephoned to the accused to inform that the tap is open and water is flowing in the said room. But they did not get any proper reply from accused No. 1. PW. 2, suspecting the foul play in the said room and the suspicious circumstance explained by PW. 1, in fact, informed the Police and the Police have visited the Ayodhya Hotel and in fact, they got broke open the lock put to the said Room No. 304 and found the body of the deceased Latha lying in the bathroom. Suspecting the death as homicidal, they sent the dead body to the Hospital after conducting in