JUDGMENT :

1. This appeal has been filed by sole accused challenging the judgment of conviction dated 25.03.2017 and order of sentence dated 27.03.2017 in S.C.No.152/2013, passed by the III Additional Sessions Judge, Vijayapura, whereby accused has been convicted for the offence punishable under Section 302 of IPC.

2. Accused was sentenced to undergo rigorous imprisonment for life with fine of Rupees Fifty Thousand (Rs.50,000/-) only and in default, to undergo rigorous imprisonment for a period of 06 months for the offence punishable under Section 302 of IPC.

3. The facts of the prosecution case in brief are as under:

The deceased -Smt. Kavita w/o Vijaykumar Metre resident of Ballolli village was the daughter of the complainant -Mallappa Ambale (PW.8) and his wife Chandrabhaga (PW.10). The marriage of deceased -Kavita was solemnized with Vijaykumar Metre. The accused -Shivanand is the father of Vijayakumar Metre. The said Vijayakumar and deceased -Kavita had three children by name (1) Bhagyasri, (2) Laxmi @ Mouneshwari and (3) Ganesh. The husband of the deceased -Kavita died one year prior to the incident due to heart-attack. After death of her husband Vijayakumar, Kavita started residing with her children, in a separate house, bearing house No.244/2/1 situated at Ballolli village. The accused -Shivanand was residing separately in a separate house, situated near aforesaid house of deceased Kavita at Ballolli. The accused -Shivanand was angry on his daughter-in-law -Kavita, as she was standing, talking with other men in Ballolli village and was very closely talking with one Revappa s/o Tippanna Sagayi in Ballolli village. Hence, accused suspected that she has illicit relationship with him. Thereafter, on 17.05.2013 at about 02.30 hours, while deceased -Kavita was preparing Peda, in the aforesaid house property, accused assaulted the deceased with axe, on right side of the head, right frontal region and on mandible, cheek, chin and some other parts of the body and caused grievous injuries and committed murder of the deceased -Kavita. PW.8 -Mallappa filed the complaint as per Ex.P.9 and case came to be registered in Zalaki Police Station in Crime No.50/2013 for the offence punishable under Section 302 of IPC. The Investigating Officer after investigation has filed the charge sheet for the offence punishable under Section 302 of IPC.

4. The Committal Court committed the case to the Sessions Court. The Sessions Court after taking cognizance against accused for the above said offence and on hearing accused and prosecution, framed the charge for the aforesaid offence.

5. The prosecution in order to prove its case, have examined 15 witnesses as P.Ws.1 to P.W.15 and got marked 23 documents as per Exs.P.1 to 23 and got identified material objects as per M.Os.1 to 6. Accused was examined under Section 313 Cr.P.C. by putting every incriminating circumstances appearing against him and he denied each and every circumstances.

6. The Trial Court after hearing the arguments on both sides, framed the point for consideration and passed the impugned judgment of conviction and order of sentence.

7. Heard Sri. Shivanand V. Pattanshetti, learned counsel appearing for the appellant -accused and Sri. Prakash Yeli, the learned Addl. SPP appearing for the State.

8. It is contention of learned counsel for the appellant -accused that there are no eyewitnesses to the incident. The entire case is based on circumstantial evidence. It is his further contention that the case of the prosecution is that PWs.2, 3, 6, 7 and 9 have last seen the accused who came out from the house of the deceased holding axe and out of these witnesses except PW.9, other 04 witnesses have not supported the case of the prosecution. It is his further contention that on perusal of the cross-examination of PW.9 it is clear that she was also not present and her testimony cannot be relied on. It is his further contention that the prosecution has not proved the recovery of M.O.1 -Axe at the instanc