JUDGMENT :

1. The present criminal appeal is filed by the accused against the impugned judgment of conviction and order of sentence dated 31st August, 2015 made in S.C.No.181/2012 on the file of the IV Additional District and Sessions Judge, Madhugiri convicting the accused for the offence punishable under Section 302 of the Indian Penal Code (for short ‘IPC’) and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/in default of payment of fine to undergo further simple imprisonment for three months.

2. It is the case of the prosecution that the deceased Gangamma had two brothers – Muddappa and Rangashamaiah and three sisters. Her third daughter – Parvathamma was married to accused about fourteen years back as on the date of incident and after five years of their marriage, there was a dispute between them which ended in divorce. It is the further case of the prosecution that the accused married again and was having two children. The father of the accused – Muddappa and his brother Rangashamaiah sold the ancestral properties bearing Sy.Nos.63 and 69 situated at Gurudevarahally and shared the sale proceeds among themselves. After coming to know the same, though Gangamma (deceased) had a share in the sale proceeds, she was not given her share. Therefore, she was constrained to file the original suit i.e., O.S.No.66/2012 before the JMFC., Madhugiri and on 25.1.2012 when the summons of the suit was served on the father of the accused, on he coming to know about the same, thinking that if his aunt Gangamma is alive, her share has to be given and if she is not alive, her share also would come to them and with that intention on 26.1.2012 at 12.30 p.m., when Gangamma was in her house in Madhugiri Town in Chinnappa Galli, he entered into the house and dowsed her with kerosene and tried to set fire on her and thereafter, he strangulated her with her own saree and killed her. Hence, Madhugiri Police filed the charge sheet against the accused for the offence punishable under Section 302 of IPC.

3. It is the further case of the prosecution that presence of the accused was secured and produced before the Committal Court and was taken to the judicial custody. Thereafter, on 27.4.2012, cognizance of the accused was taken for the offence punishable under Section 302 r/w 149 of IPC., a case was registered as C.C.No.420/2012 and was committed to the Court of Sessions.

4. The learned Sessions Judge framed the charge against the accused on 17.10.2012, read over the same and explained to him. As the accused denied the charges and claimed to be tried.

5. In order to prove its case against the accused, the prosecution examined its witnesses P.Ws.1 to 19 and got marked the documents Exs.P.1 to Ex.P.17 and material objects – M.Os.1 to 12. After completion of recording of the evidence of the prosecution witnesses, statement of the accused as contemplated under the provisions of Section 313 Code of Criminal Procedure was recorded. However, the accused though has denied all the incriminating evidence appearing against him, has not adduced any oral and documentary evidence in support of his case.

6. The learned Sessions Judge after formulating the points for consideration and considering both oral and documentary evidence on record has recorded a finding that the prosecution has proved beyond all reasonable doubt that on 26.1.2012 at 12.30 p.m., the accused with an intention to kill Gangamma in order to avoid giving her share in the sale proceeds of the ancestral property bearing Sy.Nos.63 and 69 of Guruvaderahally, went to her house, doused her with kerosene and tried to set fire on her, but as she did not catch fire because the match box was wet, he strangulated her with saree and killed her and thereby has committed an offence punishable under Section 302 of IPC. Accordingly, by the impugned judgment and order of sentence dated 31st August, 2015, the learned Sessions Judge sentenced the accused to undergo imprisonment for life with a