Aggrieved by the order of conviction and sentence

passed against him the accused in S.C.No.70/2017 on the file

of VIII Addl. District and Sessions Judge, Belagavi has

preferred the above appeal.

2.

The appellant was prosecuted in the said case for

the offences punishable under Sections 376 and 302 IPC on

the basis of the charge-sheet filed by Nippani police in

Cr.No.241/2016 of their police station. Cr.No.241/2016 was

registered against the appellant on the basis of the complaint

Ex.P.1 filed by PW-1 Banappa Dareppa Navalagi. Appellant

was the sole accused in the said case. For the purpose of

convenience, parties will be referred to henceforth according

to their ranks before the trial Court.

3.

Complainant alleged that on 21.10.2016 at 9

p.m. the accused, inducing his sister Kalavathi of getting a

Janatha plot allotted to her and that her photographs are

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needed for that, took her from his house in the guise of going

to photo studio. He further alleged that his sister did not

return home, to enquire the accused was not found in the

village, when they were searching they found her dead body

on next morning at 11 a.m. in the Government PU College

compound with homicidal injuries. He alleged that the

accused on committing rape on her has murdered her.

4.

PW-17 the CPI of Nippani police circle on the

basis of such complaint, registered the FIR as per Ex.P.27

against the accused. He conducted the investigation and

filed the charge-sheet. The trial Court framed the charges

against the accused under Sections 376 and 302 IPC. Since

the accused denied the charges and claimed the trial, trail

was conducted. In support of the case of the prosecution

PW-1 to PW-20 were examined, Ex.P.1 to Ex.P.47 and M.O.1

to M.O.26 were marked. After his examination under Section

313 Cr.P.C the accused did not file any defence statement or

lead any defence evidence.

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5.

The trial Court on hearing the parties, by the

impugned judgment and order convicted the accused for the

offences punishable under Sections 376 and 302 of IPC and

sentenced him as follows:

Offence

Imprisonment

Fine

In default

sentence

376 IPC

Life imprisonment

Rs.1,00,000/-

SI for a period

of two years

302 IPC

Sentenced to

death

6.

The trial Court convicted the accused on the

ground that the circumstances of motive, last seen together

and recovery of the incriminating material, extra judicial

confession were proved by acceptable evidence and such

evidence corroborated the medical evidence. The trial Court

sentenced the accused to death on the ground that he has

committed the preplanned, brutal murder of innocent widow

and the case falls in the category of rarest of rare cases. The

accused has challenged the said order of conviction and

sentence in Crl.A.No.100271/2019 and the State is seeking

confirmation of death sentence in Crl.R.C.No.100003/2019.

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Submissions of Shri Mahesh Wodeyar, learned counsel

for the appellant/accused:

7.

There were no eyewitnesses to the incident. The

case of the prosecution was based on circumstantial

evidence. In such cases the chain of circumstances shall be

so complete leading to the only hypothesis of the guilt of the

accused and nothing else. If there is single missing link in

the circumstances the accused is entitled to the benefit of

doubt. PW-1 in his evidence states that he had not seen the

accused and deceased together going to photo studio. Till

next day he does not file the complaint. PW-1 in his cross-

examination states that he does not know Kannada and what

is written in the complaint. PW-1 had not seen the accused

and deceased going together towards college. He does not

explain how he goes directly to the college compound where

the dead body was found. PW-5 the photographer does not

explain how the original bill Ex.P.10 came in his possession.

His camera was not seized. The evidence of PWs-8 and 9 the

other witnesses to the last seen theory was not acceptable.

PW-7 in the ordinary course should have info