JUDGMENT :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court allowing the States appeal and setting aside the judgment of acquittal passed by learned Additional Sessions Judge, Hassan, in ASE No. 54 of 1988. The High Court held the appellant guilty and convicted him for offence punishable under Section 304 part II of the Indian Penal code, 1860 (for short IPC).

2. Two persons faced trial in the aforesaid sessions case; one of them Dasegowda A2 died during the pendency of the trial.

3. Prosecution version in a nutshell is as follows:

A-1 and A-2 were close friends. A-2 and one Channegowda (PW5) of A. Guduganahally had land disputes. A2 belongs to Dasarakoppalu, Hassan taluk and A-1 is from Salagame, Hassan Taluk. Panchayat was held in the house of M.Raju (CW-17) S/o M.L. Annappa, a cloth merchant, New line road, Hassan, in respect of the said land dispute. But there was still ill-will between them in spite of the settlement in the panchayat. C.B. Nagendra (PW1) who was a member of the mandal panchayat and residing at Hassan is a friend of A-1 as well as deceased Puttaraju. On 1.2.1988 the deceased Puttaraju went to t