The conviction under Sections 302 and 201 IPC was upheld based on extrajudicial confessions and established motive for financial gain through insurance proceeds, indicating a premeditated murder rather than an accident.

JUDGMENT :

H.P. SANDESH, J.

1. Heard the learned counsel for the appellant and also the counsel appearing for the respondent/State-Addl. SPP.

2. This appeal is filed against the conviction for the offence punishable under Section 302 and 201 of Indian Penal Code (hereinafter referred as IPC) and sentenced the accused for life imprisonment and also pay fine of Rs.20,000/- for the offence under Section 302 of IPC and undergo sentence for a period of 3 years and also pay fine of Rs.5,000/- in respect of Section 201 of IPC and default sentence also imposed for both the offences and the same is challenged before this Court.

3. The factual matrix of case of prosecution is that on 01.05.2015 at about 5:50 a.m., the complainant and one Rudrappa have noticed the body of the deceased lying on the edge of the road near Kanivemane Village bridge; on going-over they found that it was the body of the person known to them from a resident of Amatekoppa Village; deceased had sustained injuries on left ear and on right side of the head, blood was oozing from nose; abrasion was noticed on the fingers and knee; then they have informed the incident to the brother/accused through phone; but they could not reach out to the accused since his mobile was not reachable at that moment, then they informed the wife of C.W.4, the accused came to the spot on receiving the information. On enquiry, the accused told that in the early morning at about 4:30 a.m., the deceased left home for morning walk as usual and he suspected in between 5:30 a.m. to 06:00 a.m., unknown vehicle might have caused the accident resulted in his death. Based on this, the case was registered on the very same day at 8:00 a.m., invoked the offence punishable under Section 279, 304A of IPC and Section 134(A and B), 187 of Indian Motor Vehicles Act, 1988 (hereinafter referred as IMV Act). Immediately after receiving the information, the complainant Police have visited the spot and conducted the mahazar in the presence of complainant and punch witnesses H.B.Puttappa and Shivamurthappa; then the body was shifted to Mc.Gann Hospital by Canter which was brought by the accused; the inquest and postmortem was conducted at the hospital. The Police have investigated the matter and subsequently when the complaint was given by P.W.8 that it was a mysterious death and not a case of accidental one; maternal uncle of the deceased had lodged the complaint alleging that 2 days prior to the incident, accused visited their house when he was along with C.W.23 Nemyanaika, he had confessed before him stating that on the greed of money to get the insurance proceeds which was in the name of deceased to a tune of Rs,45,00,000/- he committed the murder and represented it as a case of accident to the public, based on this complaint, Police have registered the case invoking Section 302 and 201 of IPC and investigated the matter and apprehended the accused on 19.12.2015 and during the course of investigation, recorded the statement of owner of the Canter vehicle which was used by the accused to commit murder and the same was seized and recorded the statement of the officers of the Insurance company, wife of the accused and C.W.26-Hanumantha the daily wages labour who was working in the house of the accused. The maternal uncle C.W.2 has stated that since the birth of deceased, he was brought up in his care and custody in their house and 1½ years back, the accused took the deceased to his house; hence, by suspecting the hand of accused in the death of deceased made representation to the Police through investigation. The Police after the investigation filed the charge sheet invoking Section 302 and 201 of IPC and filed the c