JUDGMENT

B.Veerappa, J. - Criminal Appeal 171/2015 is filed by the accused/ appellant against the impugned judgment and order of conviction dated 28.1.2015 made in S.C.No.13/2012 on the file of the Principal Sessions Judge, Kolar convicting the him for the offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo imprisonment for life.

2. Criminal Appeal No. 820/2015 is filed by the State against the aforesaid impugned judgment and order of conviction only in so far as non-imposition of any fine for the offence punishable under Section 302 IPC which is mandatory.

I - Facts of the case

3. It is the case of the prosecution that the deceased Lakshmamma was the wife of Ramanna. Ramanna and his brother Doddanna-P.W.1, who is the complainant were residing separately in the farm house constructed by them in the lands belonging to them. Ramanna and his wife-deceased Lakshmamma were residing in the farm house situated in their land, whereas, Doddanna and his wife and his family members including his son, daughter-in-law and grand children were residing in the neighbouring farm house in the same land. The accused, the neighbouring land owner was cultivating the said land by growing mulberry crops. It is further the case of the prosecution that since Ramanna, husband of deceased Lakshmamma was suffering from ill-health, he had been to Bengaluru in order to take treatment and during the relevant period of time, he was staying in the house of his daughter at Bengaluru itself, whereas his wife Lakshmamma alone was staying in the farm house looking after the cattle. Since Doddanna P.W.1 and his family members were residing in the neighbouring house, they used to help Lakshmamma, when her husband used to stay at Bengaluru for treatment.

4. It is the further case of the prosecution that on 24.10.2011, Lakshmamma went to the land of the accused in order to cut grass for her cattle, and while she was so cutting, as the cordless phone installed in her house started ringing, the grand daughter of Doddanna - Kumari Keerthi P.W.3 took the cordless phone and approached Lakshmamma and gave that cordless phone to her asking to answer the call. At that time, Keerthi saw the accused standing near Lakshmamma and talking to her. After giving the said cordless phone to Lakshmamma, the said Keerthi went back to her house since her mother was calling her. Thereafter, Lakshmamma never returned to the house till evening. Then Doddanna and his family members started searching Lakshmamma during that night. Since his grand daughter told him that she had seen Lakshmamma cutting grass in the lands of the accused when she had been there to give cordless phone to Lakshmamma, they went inside the land of the accused in search of Lakshmamma, where they found the dead body of Lakshmamma lying in the midst of mulberry plants. On seeing the dead body, they found scratched injuries on her both hands and killed manually by pressing her neck with some object. Her both ear studs were found missing wherein one ear stud was removed from her ear lobe whereas another ear stud was found snatched forcibly since there was bleeding injury on the said ear lobe. On seeing the dead body of Lakshmamma lying in the lands of the accused, Doddanna informed his brother Ramanna over phone and lodged a complaint with the jurisdictional police as per Ex.P.1. The police initially registered a case against an unknown culprit and took up the investigation. As per the statement of P.W.3 Kumari Keerthi, the accused was last seen talking with the deceased Lakshmamma, when she went near Lakshmamma to give cordless phone to her, and therefore, the police subjected the accused for interrogation.

5. It is the further case of the prosecution that during interrogation, the accused had disclosed the fact that, he was the real culprit, who killed Lakshmamma. His voluntary statement was recorded and during inquiry, the accused having admitted killing of Lakshmamma, further voluntee