( 1 ) THE appellant before us was the original accused in Sessions Case No. 171/93. He was charged with having committed an offence punishable under Section 302, I. P. C. The charge was that on 21-2-1993 at 8 p. m. on the road in front of Mahadevappa Hundekar's house at Tadaslur Village, that he had assaulted his younger brother Basavaraj with an iron rod which assault ultimately resulted in the death of Basavaraj. The accused was originally arrested for an offence punishable under Section 325, I. P. C. which was thereafter altered to Section 302, I. P. C. after Basavaraj died. On completion to the investigation, the accused was chargesheeted and subsequently, came to be committed for trial to the Court of Sessions. The learned I Addl. Sessions Judge, Belgaum, by his judgment and order D/- 29th December 1994, held the accused guilty of the offence with which he was charged and sentenced him to suffer R. I. for life. The present appeal is directed against that conviction.

( 2 ) BRIEFLY stated, the prosecution case was that the accused was the elder of the two sons of PW-1 Parvatevva. It was alleged that the accused had sent his wife away and that he was not doing any worthwhile job

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