( 1 ) THIS appeal is preferred by the State-appellant against the judgement dated 20-10-93 passed by the I Additional Sessions Judge, Raichur, in S. C. 58/87 acquitting the respondent-accused of the offence punishable under Section 307, I. P. C.

( 2 ) SINCE the accused remained absent in spite of the service of notice of this appeal on him, we have appointed Sri Ramadorai, a learned Member of this Bar, as an Amicus Curaie to assist the Court and to argue the appeal on behalf of the respondent-accused.

( 3 ) WE have heard the learned Additional State Public Prosecutor Sri A. B. Patil and the learned Amicus Curaie Sri Ramdorai fully and perused the records of the case.

( 4 ) THE case of the prosecution is as follows :-That P. W. 1 and the respondent-accused are the native of Huli Hyder village situated in Gangavathi Taluk of Raichur District. About three months prior to the date of the incident, the respondent-accused and P. W. 1 had quarreled when they were working as collies for human construction of a road and P. W. I beat the respondent-accused. On 12-6-86 at about 6 p. m. P. W. 1 had gone to answer the second call of nature on a Government open space near a 'halla' an