JUDGMENT :

1. The appellants/accused Nos. 1 and 2 being aggrieved by the judgment of conviction and order of sentence dated 23.11.2011 passed in Session Case No. 81/2008 on the file of Presiding Officer, Fast Track Court-I/II, Bijapur have filed this appeal.

2. It is the case of the prosecution before the Trial Court that on 03.01.2008 accused Nos. 1 and 2 on seeing that CW 20 Shivamma giving amount of Rs.10,000/- to the deceased SharanabasavaS/o Venkappa Uppar in the commission agent shop of Neelappa S/o Basappa Dhavalagi R/o Muddebihal, with common intention of grabbing that amount by committing the murder of deceased Sharanabasava, persuaded the deceased to come with them on the motorcycle of accused No.2 stating that they would take him to his village on the motorcycle. Accused took the deceased on the motorcycle of accused No.2 to the jawar land situated within the jurisdiction of Talikoti police station of one Basanna CW 24 at about 17.00 hours. Both accused made the deceased to fall on the ground. Accused No.1 kicked on his thigh and accused No.2 removed waist thread of the deceased and strangulated him around the neck with waist thread and caused his death by suffocation and took away cash of Rs.10,000/- from him and further accused in order to screening themselves from the legal punishment buried the dead body of the deceased in the land of Basanna, thereby the accused have committed the offences punishable under sections 302 and 201 R/w section 34 of IPC.

3. One Timmanana S/o Amarappa Sindhanur lodged complaint and set the law into motion. The respondent police on the basis of said complaint registered the case and after completing the investigation CPI Siddanna filed charge-sheet against the accused for the offences punishable under sections 302 and 201 R/w section 34 of IPC.

4. The learned Magistrate took cognizance of the offences and registered the case and secured the presence of the accused. After complying with section 207 of Cr.P.C. committed the case to the Sessions Court since alleged offence punishable under section 302 of IPC is exclusively triable by the Court of Sessions.

5. On the receipt of the records S.C. No. 81/2008 was registered and secured the presence of the accused who were represented through their counsel. The learned Sessions Judge after hearing both the parties framed charge for the aforesaid offences and when the charge was read over and explained, they pleaded not guilty and claimed to be tried. Therefore, matter stood posted for trial.

6. In order to substantiate its case the prosecution in all examined 27 witnesses as PW 1 to PW 27 and got marked 38 documents and MOs 1 to 18. Thereafter statement of accused under section 313 of Cr.P.C. was recorded on their examination. The case of the accused is that of total denial. Accused have not chosen to lead any evidence in defence. The learned Sessions Judge after hearing learned public prosecutor and the learned counsel for the accused passed the impugned judgment convicting the accused Nos. 1 and 2 for the offences punishable under sections 302 and 201 read with section 34 of IPC and after hearing on quantum of sentence accused Nos. 1 and 2 were sentenced to undergo imprisonment for life and also to pay fine of Rs.25,000/- each and in default of payment of fine each accused shall undergo further simple imprisonment of one year.

7. Learned counsel for the appellants/ accused submitted that the accused have been convicted only on the basis of certain circumstances and that chain of circumstances was not complete. Admittedly, there are no eyewitnesses to the alleged incident. The prosecution relies only on extra judicial confession alleged to have been made by accused No. 1 in the presence of PW 2, PW 3 and PW 5 and recovery of the dead body at the instance of the accused. Learned counsel further submitted that both are weak piece of evidence and unless it is corroborated by other evidence conviction cannot be based only on the extra judicial confessi