JUDGMENT

The first accused in the Sessions Case No. 217/1994 on the file of Prl. Sessions Judge, Bijapur at Bijapur is the appellant before us.

2. The appellant together with three other accused, who are petitioners in SLP (Crl.) ....Crlmp 4951/2002, were charged under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Hanamant Basappa Byali at about 4.30 p.m. on 4.9.1994 at Sankanal village, Bijapur district. The victim was killed in his fields. The accused were also charged for the offence punishable under Section 324 read with Section 34 I.P.C. for causing hurt to the wife of the deceased and to the brother of the deceased, who is an informant in the case. The accused were also charged under Section 506 read with Section 34 I.P.C.

3. After trial the accused were acquitted by the Sessions Judge. On an appeal filed by the State, the High Court reversed the verdict of acquittal and convicted the appellant herein under Section 302 I.P.C. and sentenced him to life imprisonment. The other accused were convicted under Section 324 I.P.C. Accused - Buddappa Sabanna was convicted, in addition, for an offence under Section 323 I.P.C.

4. As regards the Speci