N.A. BRITTO, J.:- This appeal is by the accused who has been convicted for uxoricide and sentenced to undergo life imprisonment and fine of Rs.5,000/- under Section 302, I.P.C.

2. The accused was residing with his wife Chanawwa at the house of Shanti Shet Durbhatkar/PW - 3 at Durbhat, Ponda. They were last seen on 8/12/2004 at about 6.30 p.m. waiting for a bus at the bus stop at Durbhat by Dinesh V. Fadte/PW-2. On the same day, Constable Kishor Prabhugaonkar/PW- 15 was returning home at about 9.00 p.m. from Murdol to Veling on his scooter and at Farmagudi he first noticed a pair of chappals fallen on the road and then one lady fallen by the side of the road. He slowed down his scooter and saw one lady fallen by the side of the road. whose age was about 25 to 30 years and there was a green colour long pant and a long sleeves shirt with stripes of blue colour fallen by the side of the said lady. On seeing the said dead body Constable Kishor Prabhugaonkar/PW-15 returned to Mardol outpost and then went to the Ponda Police Station where he lodged the complaint for murder, against unknown person. P.L Gaonkar/PW-21 then proceeded to the spot, took photographs and shifted the dead body to G.M.C. for preservation.

3. On the next date at about 8.30 a.m. Shri. Gaonkar conducted scene of offence panchanama and attached a rubble stone/M.O.1 with blood stains, a wrist watch/M.O.5 amongst may other articles.

4. The autopsy was conducted by Dr. Madhu Ghodkirekar/PW-17 on 9/12/2004. Dr. Ghodkirekar found that there were abrasions with a bruise in an area of 21 cms. x 21 cms. on the entire right side of the face and the front right side neck and there were fractures on the base of the skull and there was also dislocation of the left shoulder. According to Dr. Ghodkirekar/PW-17, the cause of death was due to cranio facio cerebral damage, vide injury no. 1 and damage for the liver vide injury no.2. He opined that the said injuries could have been caused with the rubble stone M.O. No.1.

5. On 12/12/2004, the accused went to Dharwad in search of his wife at the house of the wife's sister Sharava Bassaiya Yatevedmath/PW-6 where his daughter aged 9 years was residing, only to be told that his Wife had not come there and that he should go in search of her. As stated by her husband Basaya/PW-9 the accused then telephoned Hubli, to his mother-in-law to find out whether his wife had reached there only to be told that she had not reached there. After staying with them for four days, they sent their son Kallaya and one Gurushant along with the accused to Ponda to search for her and report to Police. When Kaliaya/PW-10 went to the police station, he was shown a photograph of a dead female who was identified as the Chanawwa, the deceased wife of the accused, Subsequently, they identified the dead body at the GMC Morgue. The accused was arrested on the next date i.e. on 18/12/2004.

6. In the course of the trial, the prosecution examined 21 witnesses. The learned Additional Sessions Judge after considering the evidence led by the prosecution, come to the conclusion that the prosecution had successfully established the last seen circumstance i.e. the accused and the deceased having been seen together at the bus stop and also the extra Judicial confession made by the accused to Dr. Ghodkirekar/PW-17. The learned Additional Sessions Judge also referred to the conduct of the accused and ultimately held that the prosecution had proved its case beyond reasonable doubt and proceeded to convict and sentence the accused as aforesaid. The learned Additional Sessions Judge held the circumstance of the recovery of the watch strap as not proved.

7. We shall first deal with the admission or confession which is alleged to have been made by the accused to Dr. Ghodkirekar/PW -17 which is one of the circumstances held as proved against the accused. In fact the learned Additional Sessions Judge relying upon the case of Ammini Vs. State of Kerala (AIR 1998 SC 260 : [1998