ORDER

The appellant was charged for an offence under section 302 IPC by the 1st additional sessions judge, for committing the murder of one Kivuda Madaiah on 16th August, 1993 in the village of Bilugadi by assaulting the victim with an axe. Learned sessions judge found him guilty of the said offence punishable under section 302 and sentenced him to undergo imprisonment for life. The said conviction was affirmed by the High Court in its judgment dated 13th July, 2000. The appellant herein has assailed the said conviction and sentence in the abovesaid appeal. When the amtter came up for preliminary hearing, this Court confined the notice only to the nature of offence for which appellant could be punished based on the injuries suffered by the deceased.

2. As per the prosecution case the appellant suffered eight injuries which are as follows:-

(1) A contusion red in colour 1.5 cm X 4 cm present on the middle of left clavicle.

(2) An incised injury measuring 5 cm X 1 cm X 2 cm present on the medial aspect 4 cm above the left knee joint with clotted blood sticking around the wound. On dis-section of the wound a transverse fracture of the laower end of left femur present with collection of bl