JUDGMENT :

1. Heard the learned counsel for the appellant and the learned SPP for the State.

2. We have carefully perused the entire material on record. The appellant was arrayed as accused No.1 in S.C.No.49/2010 on the file of the Fast Track Court III at Hospete. The Trial Court vide Judgment dated 20.09.2011, convicted and sentenced the accused for the offences punishable under Section 302 and 201 of IPC sentencing him to undergo imprisonment for life and to pay a fine of Rs.2000/-with default sentence for the offence under Section 302 of IPC and also sentenced him to undergo imprisonment for five years and to pay a fine of Rs.1000/-for the offence under Section 201 of the IPC.

3. The brief facts of the case on hand as per the charge sheet filed by the police is that, the deceased is the wife of the accused. Their marriage took place long back and they were residing together at Dhasamapur village. They were blessed with two children and thereafter the accused started suspecting the fidelity of his wife. In spite of repeated advises by the family members he did not desist himself from suspecting the loyalty of his wife and in this context he was assaulting and ill-treating and harassing his wife. In this context, it is alleged that on 24.11.2009 the accused Nos.1 to 3 and the deceased 4 persons went to the forest area and only the accused Nos.1 to 3 came back from the forest area and the deceased did not come back. Suspecting some foul play, the complainant Yamunappa and others had been to forest area but they did not find any dead body lying there. However, they went to the house of the accused, there also they did not find the deceased Sharadavva. Therefore, suspecting that the accused Nos.1 to 3 have committed the murder of the deceased in the forest area, a complaint came to be lodged as per Ex.P-1 by PW-1. On the basis of which the police have registered a case in Crime No.136/2009 for the offence under Section 302 and 201 of IPC, r/w. Section 34 and dispatched the FIR to the jurisdictional Magistrate. During the course of investigating, the police found that the accused persons are the culprits who have taken the deceased along with them to the forest area which is called as Jarkibande forest area and thereafter they committed the murder of the deceased Sharadavva. After committal proceedings and taking up the matter by the Sessions Court after securing the accused, the Trial Court had framed charges against the accused. In fact, the accused No.1 in the present appeal has pleaded guilty that he was the person who has committed the murder of the deceased. The other two accused persons have denied the said charges levelled against them and claimed to be tried. Though the accused-appellant has admitted his guilt, but the Trial Court considering the gravity of the offence has not accepted the plea of guilt and directed the prosecution to proceed with the matter. The prosecution in order to bring home the guilt of the accused, examined 11 witnesses i.e. PW-1 to 11 and got marked Ex.P-1 to P-18 and material objects MOs-1 to 6. Ultimately the Court has come to the conclusion that the accused No.1 is the perpetrator of the crime and accordingly convicted accused No.1 and acquitted accused Nos.2 & 3. The State has not preferred any appeal against the said Judgment of acquittal so far as the other accused are concerned. The accused-appellant in fact answered some questions in 313 Statement also admitting his guilt and further he has not lead any defence evidence. The Trial Court after appreciating the entire oral and documentary evidence on record, has convicted the appellant for the offence as noted supra and sentenced him accordingly. The said Judgment is called in question before this Court by the appellant.

4. The learned standing counsel Sri. Javed seriously contends before this Court the entire case revolves around the circumstantial evidence. So far as the motive is concerned, there is no much material and prosecution has exam