ORDER

K. Jayachandra Reddy, J. - The appellant Tukararn Gundu Naik was tried alongwith two others for an offence punishable under Section 307/34 I.P.C. The appellant was also charged under section 307 simpliciter. The trial court acquitted all of them. The state preferred an appeal and it was admitted against the appellant and dismissed against the other two by the High Court. A Division bench of the High Court after having considered the evidence of the prosecution witnesses particularly that of the victim, convicted the appellant under section 307 I.P.C. and sentenced him to undergo five years R.I. Hence the present appeal.

2. The prosecution case is as follows:

A-1 (the appellant herein) and A-2 are the real brothers and A-3 is the son of A-1 and they are residents of Pokhale, Taluka Panhala. The appellant was the Director of the Milk Dairy of Ward Factory and also the Chairman of the Market committee at Kolhapur and political worker. The victim Shivaji Aba, P.W. 8 is also a resident of the same village and used to take active part in the village activities. He was incharge of the Library started by him and others in the village. He also canvassed for some candidates in the elec