JUDGMENT :

B. Veerappa, J.

1. The accused filed the present Criminal Appeal against the judgment and order of conviction dated 24.03.2015 made in S.C. No. 32/2014 on the file of the II Additional Sessions Judge, Chikkamagaluru, sentencing the accused/appellant herein to undergo imprisonment for life and to pay fine of Rs. 3,000/-, in default of payment of fine, to undergo further sentence of simple imprisonment for a period of three months, for the offence punishable under Section 302 of the Indian Penal Code.

I. FACTS OF THE CASE

2. It is the case of the prosecution that the accused being the husband of the deceased Kamalamma, on 14.02.2001, early in the morning at about 4.00 am, in the vacant land of Sri Erappa and Puttegowda, bearing Sy. No. 247 of Undedasarahalli, Chikkamagaluru, committed the murder of Kamalamma intentionally by strangulating her with a nylon rope, when she was sleeping, as she refused to accompany the accused to his native place at Boranahalli, Holalkere Taluk. Based on the complaint made by P.W. 1-mother of the deceased, the jurisdictional police conducted the investigation and filed absconding charge sheet for the offence punishable under Section 302 of the Indian Penal Code. The learned Magistrate recorded the evidence of the prosecution witnesses under Section 299 of the Code of Criminal Procedure and after apprehending the accused in the year 2014, the matter was committed the Court of Sessions. The learned Sessions Judge framed the Charge on 12.06.2014, read over and explained the same to the accused who pleaded not guilty and claimed to be tried.

3. In order to prove its case, the prosecution examined ten witnesses as P.Ws. 1 to 10 and marked the documents Exs. P.1 to P.12 and the material objects M.Os. 1 to 9. After completion of the evidence of prosecution witnesses, the statement of the accused was recorded as contemplated under Section 313 of the Code of Criminal Procedure. Though the accused denied all the incriminating evidence adduced against him, did not choose to adduce any oral or documentary evidence in the defence.

4. Based on the evidence and material documents, the learned Sessions Judge, framed a point for consideration. After consideration of both oral and documentary evidence on record, the learned Sessions Judge recorded a finding that the prosecution proved beyond reasonable doubt that the accused being the husband of the deceased Smt. Kamalamma, on 14.02.2001 early in the morning at about 4.00 am, in the vacant land of Sri Erappa and Puttegowda bearing Sy. No. 247 of Undedasarahalli, Chikkamagaluru, committed her murder intentionally, when she was sleeping by strangulating her neck with a nylon rope as she refused to accompany the accused and thereby, committed an offence punishable under Section 302 of the Indian Penal Code.

5. Accordingly, the learned Sessions Judge, by the impugned judgment of conviction and order of sentence, sentenced the accused to undergo imprisonment for life and to pay fine of Rs. 3,000/- for the offence punishable under Section 302 of the Indian Penal Code, in default of payment of fine, to undergo further sentence of simple imprisonment for a period of three months. Hence, the present Criminal Appeal is filed by the accused/appellant.

6. We have heard the learned counsel for the parties.

II. ARGUMENTS ADVANCED BY THE LEARNED COUNSEL FOR THE APPELLANT

7. Sri Prabhugouda B. Tumbigi, learned counsel for the appellant/accused contended with vehemence that the impugned judgment and order of conviction passed by the learned Sessions Judge is without any basis and is liable to be set-aside. The prosecution has not proved the marriage of the accused with the deceased and the presence of the appellant at the scene of the incident. Except the evidence of P.W. 1-mother of the deceased, P.W. 2-brother of the deceased and P.W. 5-a relative of the deceased, who are also eye witnesses to the incident and highly interested witnesses, the prosecution has not adduced any other