(1.) The present appeal has been preferred against the judgment and order dtd. 6/12/2010 passed by the Division Bench of the High Court of Karnataka, Circuit Bench at Dharwad in the Criminal Appeal No. 666 of 2007, whereby the High Court upheld the conviction and sentence imposed upon the present appellant under Ss. 302 and 304 of the IPC and for offences under Ss. 3 and 5 punishable under Ss. 25 and 27 of Arms Act, 1959 by judgment dated 28/29/3/2007 passed by the F.T.C.-II & Addl. Sessions Judge, Belgaum in Sessions Trial No 267 of 2006.
(2.) The conviction is based on circumstantial evidence relying on the last seen theory supported by the recovery of articles including the weapon of crime and forensic evidence and the act of abscondence by the appellant.
(3.) As the appellant is seeking reversal of the concurrent findings by the two courts below, the Sessions Court and the High Court, this Court has to tread very cautiously, as observed by this Court on numerous occasions including in Mekala Sivaiah v. State of Andhra Pradesh, (2022) 8 SCC 253, wherein it has been held that unless the findings are perverse and rendered in ignorance of material evidence, this Court should be slow in interfering with concurring findings. It was thus observed by this Court in Mekala Sivaiah (supra) in the following words: