In a case based on circumstantial evidence, the guilt of the accused must be established beyond reasonable doubt. All incriminating facts and circumstances must be incompatible with the innocence of the accused or the guilt of any other person.

JUDGMENT :

H.B.Prabhakara Sastry, J.

The appellant has preferred this appeal challenging the judgment of conviction dated 24.07.2015 and order on sentence dated 29.07.2015, passed by the learned II Addl.District & Sessions Judge, Davanagere, (hereinafter for brevity referred to as 'trial Court'), in S.C.No.150/2013, convicting him for the offence punishable under Section 302 of Indian Penal Code, 1860, (hereinafter for brevity referred to as 'IPC') and sentencing him accordingly.

2. The summary of the case of the prosecution is that the deceased Yashodamma was the wife of one Ganeshappa, who happens to be the uncle of the accused. Said Ganeshappa died about six years earlier to the death of Yashodamma. After his death, Yashodamma was residing in Harosagara Village, in her husband's house along with her two children. The accused was also residing in the said house along with Yashodamma. During that time, he developed intimacy with Yashodamma and he was having illicit relationship with her. Thereafter, the accused started to suspect the chastity of Yashodamma and he used to obstruct her from speaking with others. On 13.8.2013, in the evening, Yashodamma had been to Davanagere and returned to Harosagara village to her house at about 9.45 p.m. At that time, the accused had locked the door from inside, and he did not open the same, even though Yashodamma knocked the door several times. Thereafter, Yashodamma got opened the door with the assistance of her neighbour by name Girish. In this regard, after entering into the house, Yashodamma quarreled with the accused. Later, on the same day, in between 10.00 to 12.00 p.m., the accused committed murder of Yashodamma by throttling her neck forcibly. Hence, the police have filed charge sheet against the accused for the offence punishable under Section 302 of IPC.

3. Charges were framed against the accused for the offence punishable under Section 302 of IPC. Since the accused pleaded not guilty, in order to prove the alleged guilt against the accused, the prosecution got examined twenty-two witnesses as PW-1 to PW-22 and got marked documents from Exs.P-1 to P-22 and material objects at MO-1 to MO-5. On behalf of the accused, neither any witnesses were examined nor any documents were got marked. After hearing both side, the trial Court by its impugned judgment of conviction dated 24.7.2015 and order on sentence dated 29.7.2015, convicted the appellant/accused for the offence punishable under Section 302 of IPC and sentenced him accordingly. It is against the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal.

4. The lower Court records were called for and the same are placed before this Court.

5. Heard the arguments from both side and perused the materials placed before this Court.

6. For the sake of convenience, the parties would be referred to as per their ranks before the trial Court.

7. Among the twenty-two witnesses examined by the prosecution, PW-1 Smt.Shakuntalamma, has stated that deceased Yashodamma was her relative, as such, she had been to her house after hearing the news about her death. At that time, in her presence, the police drew an inquest panchanama on the dead body of the deceased Yashodamma as per Ex.P-1. The witness has further stated that, after the death of husband of Yashodamma, the accused, who is the son of elder brother of the husband of deceased Yashodamma, also started living with Yashodamma.

In her cross-examination from the accused side, nothing could be elicited favouring the accused.

8. Pw-2 Halesh M., a resident of the same village where the deceased was living, has stated that he knows both the deceased and the accused and the accused was living in the house of the deceased. He has also stated that inquest panchanama as per Ex.P-1 was drawn in his presence. He has further stated that since the death of Yashodamma on 13.8.2013 was in her house, the scene of offence panchanama was also drawn in her house as per Ex.P-2 a