ORDER :

K. Jayachandra Reddy, J.

1. This is an appeal under Section 379 Criminal Procedure Code. The sole accused is the appellant. He was tried for an offence punishable under Section 302 Indian Penal Code for causing the murder of one Siddappa. The occurrence is said to have taken place on 20-10-1977 at about 10 p.m. in the Harijan Colony, Ukkali village. PW 3, PW 4, PW 8 and PW 9 are eyewitnesses. According to the prosecution case the material witnesses and the accused belong to the same village. On the fateful date the accused, deceased and the material witnesses assembled in front of Mallayya Devar Gudi to discuss about the forthcoming fair. There was some discussion about the rentals to be collected from the lands. During that discussion the deceased said that it was not proper that PW 10 alone should work for Bala-Saheb Gonda and each one ought to be given the opportunity for the same. The deceased was said to be sitting under a tree, while so, the accused who had altercation with the deceased rushed forward armed with a knife and stabbed the deceased on the left side of the chest. Immediately the information was given and the police patel gave the report and the case was reg