( 1 ) THIS appeal by the convicted accused is directed against the judgment of conviction recorded against him by the learned Sessions Judge, Kodagu at Madikeri, in a judgment dated 30-11-1999 in S. C. No. 48/95. Initially, this case was pending before the Additional Sessions Judge, Kodagu at Madikeri, who framed the charges against the accused and tried the accused-appellant for the offences punishable under S. 302 of the Indian Penal Code and under S. 27 of the Indian Arms Act. Since the Additional Court was shifted from Madikeri, the matter was taken over by the learned Sessions Judge, Kodagu at Madikeri, who after hearing the learned counsel on both sides passed the impugned judgment of conviction.

( 2 ) ). The facts giving raise to this appeal in brief are as under : deceased-Muthappa and the accused-Ponnappa were the two sons of late Ganapathi, a resident of Cheyyandane village who was essentially an agriculturist owning certain extent of Coffee and wet lands at Nariyandada village, situated in the jurisdiction of Napoklu Police Station. Father of the accused and deceased died a few years prior to the date of incident in which Muthappa died. After his death, the brothers had partitioned the family properties. While the accused-Ponnappa was residing in a house situated in the portion of the Coffee Estate, which fell to his share, the deceased-Muthappa was working as Assistant Sub-Inspector of Police, Ponnampet Police Station, which was at a distance of 40 kms. , from his village. It is the case of the prosecution that the accused used to quarrel with his elder brother Muthappa and often demanded him to part with his share of properties in his favour, as he was working as the Assistant Sub-Inspector of Police in a far off place and was also giving pin pricks to the servants of his brother, who were working in the estate of his brother. Deceased-Muthappa had not obliged him. He used to visit his estate in the company of his wife P. W. 1 Smt. Lilly and was supervising the agricultural operations and of harvesting coffee and paddy. During those days, he used to stay in a portion of the house constructed for the workers. He engaged two servants by name Shabeer P. W. 3 and Narayana C. W. 6. It is the case of the prosecution that the deceased-Muthappa constructed a line of houses both in the Coffee Estate, which measures about 3 acres and also another line of houses near the wet land at a distance of about a quarter kilometer from the line of the houses constructed in the Coffee Estate. It is the case of the prosecution that P. W. 3 Shabeer had occupied two houses in the line of houses situated at Coffee Estate. His master Muthappa used to stay in three other vacant houses when he visited the Estate. It is the specific case of the prosecution that two days prior to the date of incident, which occurred on 10-2-1995, deceased-Muthappa elder brother of the accused, came to the Estate along with his wife P. W. 1 Smt. Lilly, and supervised harvesting or picking of coffee seeds. P. W. 3 Shabeer and C. W. 6 Narayana were engaged in the picking of coffee seeds till noon time. Thereafter, Muthappa is stated to have directed them to put up the fence near the hay stalk. After completing the fencing work, when P. W. 3 Shabeer and C. W. 6 Narayana were returning home in front of the house of the accused, as they had to pass through that way, the accused abused them and scolded them. Both of them promptly reported this fact to their master Muthappa who was present in his house. He immediately left the house to ask his brother the accused, as to why he scolded his servants. He was followed by his wife P. W. 1 smt. Lilly, P. W. 3 Shabeer, and C. W. 6 Narayana. It is stated that deceased-Muthappa was ahead of his wife by about 10' to 15' and P. W. 3 by about 20. ' When he approached the wooden gate, which was the entrance to the Estate from the main road, the accused who was standing on the other side of the gate holding a double bar