ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)

Challenging the judgment and order of conviction and sentence passed against him, the accused in SC No.73/2015 on the file of Principal District and Sessions Judge, Tumakuru has preferred this appeal.

2. The appellant was the sole accused in S.C.No.73/2015 before the trial Court. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

3. The appellant was tried in S.C.No.73/2015 on the charge that with an intention to rob his distant relatives Gangadharaiah and his wife Gangamma, residents of Beladhara Village, during the intervening night of 07.06.2015/08.06.2015 he stayed in their house. At 01.30 a.m. he assaulted the victims with hammer, pickaxe and sickle on their face, head and all over the body and committed their murder. Then he escaped from the house robbing their gold and silver jewellery worth Rs.1,47,000/- and cellphone of victim Gangadharaiah.

4. Regarding the incident, on the complaint Ex.P1 filed by PW.1/son of victim couple, FIR/Ex.P10 was registered in Crime No.80/2015 of Kora Police Station, Tumkur Rural Police Circle. During investigation, accused was a