JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 27.05.2016 passed in S.C. No. 253/2014 by the Principal Sessions Judge, Bengaluru Rural District, Bengaluru, whereunder the appellant/accused has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo rigorous imprisonment for two years.

2. The factual matrix of the prosecution case is that the first information has been lodged by the accused himself. The appellant/accused was running an Autorikshaw at the material point of time. He knew PW-2 Babu a person from his village. Since the appellant/accused had some financial problem he approached PW-2 with a request to get him loan. Accordingly about three months prior to the registration of this case PW-2 introduced the deceased - Smt. Fareeda Beebi, who lent the appellant a sum of Rs. 20,000/-. On that occasion the deceased obtained the signature of the accused on a blank paper. PW-2 also affixed his signature as a witness. Subsequently, the deceased showed a document to the accused saying that it was nikhanama. She had forged such a document by making use of the blank paper on which the signature of the appellant/accused had been taken. She told the appellant/accused that he had married her and should not leave her and in case he were to do so she would engage rowdies and break his legs and arms. Being afraid of it, the appellant/accused went to Thurahalli and slept in the house of the deceased. On 16.04.2014 the deceased called him over phone and asked him to come to Harinagar and take her. On 17.04.2014 he called her over phone but she did not respond. On the same day around 12.30 pm the appellant/accused had gone to Bilawaradahalli to cast vote. The deceased called him over phone and asked him to take her. He went to Harinagar to pick her up by taking an autorickshaw of a person known to him. The deceased asked him to come near a temple in Thurahalli and accordingly he went there. There the deceased forced him to take her to his house and threatened him. Thereafter both the appellant/accused and the deceased went to the house of PW-5 Lakshmi. There when the appellant/accused and deceased were alone in the house, the deceased threatened to break his limbs and get his wife raped through rowdies and at that time the appellant/accused slapped on her cheeks and throttled her, neck, as a result of which she died and it was 11.00 p.m. Thinking that what he had done was a mistake, he surrendered before the Thalaghatapura Police by 03.45 am on the night intervening 17.04.2014 and 18.04.2014. He gave a statement before the Police on the basis of which a case was registered by CW-16 B.C. Harish - Sub-Inspector of Police of Thalaghattapura Police Station in Crime No. 217/2014 for the offence punishable under Section 302 of IPC. After completing investigation the Investigating Officer has filed a charge-sheet against the appellant/accused for the said offence. The trial Court framed a charge against the appellant/accused for the offence punishable under Section 302 IPC and the appellant/accused pleaded not guilty. During trial eight witnesses have been examined on behalf of the prosecution and Ex.P.1 to Ex.P.7 are got marked. The appellant/accused in the statement under Section 313 of Cr.P.C. has denied the incriminating evidence against him and gave answers to other questions. The appellant/ accused has filed written statement. Thereafter the appellant/accused did not lead any defence evidence.

3. After hearing both the sides the learned Sessions Judge by judgment dated 27.05.2016 has convicted the appellant/accused for the offence under Section 302 of I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine, to undergo rigorous imprisonment for two years. The appellant/