JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The appellant was charged with the murder of Lingappa Poojari (deceased) under Section 302 of the Indian Penal Code. The complainant is Sheshappa Poojari (PW-1) who lived in a house near to the house of the deceased, along with his wife Neelamma (PW-4) and his daughter Sumathi (PW-3). The deceased was the cousin brother of Neelamma (PW-4). The appellant was a native of another village, who was staying near the place of the incident and was engaged in the work of toddy tapping. The allegation against the appellant is that he endeavoured to establish a relationship with Sumathi, who was about nineteen years of age and was engaged in rolling beedi leaves to make beedis. In furtherence of his endeavour, he used to visit the residence of Sumathi, which was objected to both by her father and the deceased. It is alleged that on this very issue an altercation had earlier taken place in which the appellant is alleged to have threatened the deceased.

2. The incident relates to 11.00 p.m. on 25th June, 1999 as once again the appellant is alleged to have come to the house of Sumathi. As per the complaint, verbal arguments got aggravated and when the family mem