Criminal Appeal No.100059/2020 is filed by the accused

aggrieved by the judgment and order dated 29.11.2019 passed

in S.C. No.68/2016 on the file of the Principal District and

Sessions Judge, Gadag (hereinafter referred to as ‘trial Court’)

by which the accused-appellant has been convicted and

sentenced to death penalty under Section 354(5) of Cr.P.C. for

the offence punishable under Section 302 of IPC subject to

confirmation by this Court under Section 366 of Cr.P.C.

2.

Criminal R.C. No.100001/2020 has been referred

seeking confirmation of the aforesaid judgment and order of

conviction and sentence of death penalty.

3.

Brief facts of the case of the prosecution is that

accused Kumar @ Arun Kumar was married to one Manjula from

Shivapura Thanda about three years prior to the incident and

both of them were working in a Coffee Estate near Banakal. At

that time, complainant-Sri.Hanamant Naik-PW4, his wife and

their daughter Devi were also working in the said coffee estate.

Accused became close to Devi-the daughter of the complainant

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and married her even while his first wife Manjula was alive. Out

of the said marriage, Devi gave birth to two daughters. The

accused thereafter wi