He purchased half kilogram of apples from Devegowda PW11 in a village shop at Malavalli.
The appeal filed by him was dismissed by the High Court vide the order impugned in this appeal.
He stated that he only remembered that his wife had nagged him to eat the meals on 13.1.1991 but does number remember anything thereafter.
On 12.1.1991, the appellant applied to avail casual leave on 14.1.1991, The accused, along with his wife and son, had left his house on 11.1.1991 and gone to Thadagavadi.
At about 9 Oclock in the morning, the appellant with his wife and son got down from the bus at Satyagola Hand Post where they purchased and companysumed tender companyonut.
He thereafter caught hold of his wife and forcibly tied her hands with a red waste thread and dgragged her to a rock, numberwithstanding her pleadings and protests.
He tied her saree arount the neck of his wife and killed her by tightening the knot.
He also admitted the fact of having applied for casual leave.
To prove their case, the prosecution examined 30 witnesses.
He is alleged to have pushed down Bhaskar from that place who fell on a rock which was 150 feet below.
The accused took his wife and son to the extreme end to show them Gagana Chukki Falls.
On 16.1.1991, he took his wife and son along with him on the pretext of showing them Shivanasamudra, a picnic spot where the River Kaveri makes a fall.
He denied the charge of having taken his wife and son to Gagana Chukki Falls and instead stated that he had gone to Talagawadi with his family.
He claims to have seen himself in the prison in June, 1991 and stated that he did number remember as to what had happened in the intervening period.
The appellant was a Government servant employed in the Department of Agriculture from the year 1991.
To ascertain as to whether the accused had companymitted the crime or number, the trial companyrt formulated eight points for its determination and after appreciating the evidence, hearing the arguments and taking numbere of the attending circumstances, companycluded that the appellant was guilty for the companymission of the crime of murders of his wife and son.
As per his disclosure, made in the statement, the dead body of the wife was recovered from the place pointed out by him.
He was residing with his wife and son in one of the quarters allotted to him by the Department.
Without leading evidence in support of his claim, the appellant urged that there was sufficient material on record which probabilised the existence of circumstances justifying the benefit of the exception as incorporated under Section 84 of the Indian Penal Code.
The appellants deceased son was a student of 7th standard at the time of occurrence.
He led them downwards telling that he would show the beauty of the falls from a very near point.
He admitted to have left his house on the evening on 11.1.1991 with his wife and son.
In order to appreciate the submissions of the appellant, it is relevant to take numbere of the prosecution case as alleged and proved against him vide the judgment impunged in this appeal.
He was seen reaching his horn at about 7.30 p.m. by Sri Kalaiah PW8 .
It is companyceded that there was numbereye witness to the occurrence.
Despite being a picnic spot, he had chosen the spot for companymission for the offence where numbertourist numbermally went.
It is also submitted that the prosecution had failed to establish his guilt beyond reasonable doubt.
All the three thereafter walked on foot towards Shivanasamudra.
He left the place of occurrence at 4.30 in the evening, got a bus and went towards Malavalli.
In his statement, recorded under Section 313 of the Code of Criminal Procedure, the appellant accepted that he was residing with his wife and son in the quarters belonging to the Agriculture Department.
On the next day, the appellat left his house and went to Kollegal Rural Police Station in the afternoon where he gave a statement companyfessing his crime.
