(1.) The appellant, who is the sole accused in SC No.143/2011 on the file of the I Addl. District and Sessions Judge, D.K. Mangaluru, has preferred this appeal calling in question the Judgment of conviction and sentence passed against him for the offence punishable under section 302 of IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for one year. The entire fine amount was ordered to be paid to PW-1 Mohammad Shabeer, who is the brother of the deceased.
(2.) Before adverting to the brief factual matrix of the case and the evidence on record, we would like to have the brief facts of the case as which revealed from the trial court records:
(3.) After committal proceedings, the Trial Court has framed charges against him for the offence punishable under section 302 of IPC. As the accused pleaded not guilty, he was ordered to be tried. The prosecution in order to bring home the guilt of the accused, examined as many as 16 witnesses PWs.1 to 16 and got marked Exhibits P1 to P17 and Material Objects Mos.1 to 8.