JUDGMENT :

R.DEVDAS J.:

1. This Criminal Appeal is filed by the State under Section 378 (1) and (3) of the Code of Criminal Procedure assailing the judgment and order of acquittal dated 27.07.2016 passed by the I Addl. District and Sessions Judge, Dharwad, sitting at Hubballi, in S.C.No.104/2012.

2. The case of the prosecution is that on 24.08.2009, Shri Omprakash, PW-1 informed the police that his wife Smt.Roopa was found dead with blood injuries in the bedroom. One Mr.Rajendra Kumar (PW-11) called him on the cell phone and informed him that his wife was unwell and therefore, he should immediately rush back to his house. Earlier that morning at about 10 a.m., Omprakash and his wife, the deceased visited Shiva temple situated in Medar Oni Circle of Hubballi and after performing pooja, he dropped his wife near vegetable market, Sarafgatti, Hubballi. Thereafter, at about 10.30 a.m., he deposited a cheque of Jain Marbles and proceeded to Jain Marbles, Hubballi, where he was working. On receiving a call from Rajendra Kumar, he rushed to his house and saw the dead body of his wife at 1.20 p.m. He noticed that her left cheek and her left eye were swollen and that cash of Rs. 5,30,000/-, 4