MOHAN SHANTANAGOUDAR, J.

( 1 ) THE appellant herein is the convicted accused in Sessions Case No. 73 of 1999 by the Additional Sessions Court, Chitradurga for the offence punishable under Section 302 of the IPC.

( 2 ) THE case of the prosecution in brief is that, accused 1 is the husband of accused 2 and father of accused 3. Deceased Thippaiah is the uncle of Accused 1. The house of the accused and deceased were adjoining each other. Deceased Thippaiah after dismantling his hut obtained permission for construction of the house from the Panchayath and was preparing to dig the foundation for the construction of the house on 22-9-1998 at Gejjiganahalli. On that day, at about 7. 30 p. m. Accused 1 picked up quarrel with the deceased on the ground that the deceased Thippaiah was encroaching upon his site. In the meanwhile, P. W. 1-Shanthamma came to the rescue of her husband thippaiah. Accused 2 and 3 also came to the spot. Accused 1 took the axe m. O. 1 from accused 2 assaulted on the head of deceased at the instigation of accused 2 and 3. As a result of the said assault, Thippaiah fell down after sustaining severe bleeding injuries and died on the spot.

( 3 ) P. W. 1 along with P. W.

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