JUDGMENT :

B. Veerappa, J.

1. The Appellant-accused filed the present Criminal Appeal against the impugned judgment of conviction and order of sentence dated 11.02.2015 passed in Sessions Case No. 62/2012 on the file of the Fast Track Court-II, Chintamani convicting the appellant accused for the offences punishable under Section 302 of IPC and sentenced him to undergo imprisonment for life and pay fine of Rs. 50,000/-

2. It is the case of the prosecution, that, on 22.11.2011, at about 12.45 noon, the deceased Krishnappa came to the SLN tiles shop of Munikrishna at Chikkaballapura on a Pulsar Motor Cycle bearing registration No. KA 05 HD 1664 along with a pillion rider Venu, who is his relative and spoke with P.W. 2-Munikrishna and also with one Santhosh who was in the shop. After some time, the deceased Krishnappa and Venu went near the shop of one Jagadeesh and after collecting Rs. 10,000/- returned to the SLN tiles shop. In the shop, after having discussed with Venu to go to Kolar to purchase sent Venu to fill petrol to the vehicle. The accused purchased a sickle on the footpath to snatch money from the deceased Krishnappa and kept sickle in the back pocket of his pant and returned to the S.L.N. tiles shop and from there, the deceased Krishnappa proceeded on the motor cycle with Venu as a pillion rider to go to Kolar between 2.15 to 2.30 p.m. On the way, the deceased Krishnappa stopped the vehicle little away from Anoor gate to attend the nature call. At that time, the accused thinking that it is the right time, tried to stab the deceased Krishnappa from behind and while Krishnappa tried to escape, he slipped and fell down. At that time, the accused fisted on the face of the deceased Krishnappa three to four times and due to which, he lost his conscious. Then the accused dropped stone thrice on the head of the deceased Krishnappa and after confirming about his death, the accused took Rs. 10,000/- which was in the purse of the deceased Krishnappa and fled away along with the motor cycle. Thereby the accused committed the offence punishable under section 302 of IPC.

3. On the basis of the complaint lodged by PW-1, the Jurisdictional Police investigated the case and filed the charge sheet for the offence committed by the accused. After submitting the charge sheet to the Court of Sessions, the learned Sessions Judge framed the charges and read over the same to the accused, but the accused pleaded not guilty and claimed to be tried.

4. In order to prove the case, the prosecution in all examined 28 witnesses as PWs. 1 to PW. 28 and got marked documents at Exs. P.1 to P.16 and material objects as M.Os. 1 to M.O. 23. After completion of the evidence of the prosecution witnesses, the learned Sessions Judge recorded the statement of the accused as contemplated under Section 313 of Code of Criminal Procedure, 1973 (for short, Cr.P.C.). The accused denied all the incriminating evidence adduced against him and did not choose to adduce any defence evidence. The accused got marked the portion of the statement of C.W. 5 as Exs. D1 and Ex. D2 through P.W. 26, who is the Investigating Officer.

5. The learned Sessions Judge upon considering the evidence on record, formulated the following two points for consideration:

"1. Whether the prosecution proves that on 22.11.2011 about 2.15 pm to 2.30 pm near Anoor gate of Sidlaghatta taluk to snatch money from Krishnappa the accused tried to stab him with knife and when he slipped and fell down while escaping fisted him and by dropping stone twice on his head and murdered him and there by committed the offence punishable under section 302 of IPC?

2. To what order?"

6. After considering the oral and the documentary evidence, the learned Sessions Judge recorded a finding that the prosecution has proved the guilt of the accused beyond all reasonable doubt, that, on 22.11.2011, between 2.15 p.m. to 2.30 p.m., the accused, with an intention to snatch money from the deceased Krishnappa tried to stab him with the Kn