( 1 ) THE appellant-accused was tried by the Sessions Judge, Bangalore Division, for an offence under Section 302, I. P. C. but was convicted under Section 323, I. P. C. and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default to undergo rigorous imprisonment for a further period of three months. The case against him was that on the evening of 8th June 1952 ho committed murder of one Rajagopal by squeezing his testicles near a mango garden beyond the limits of the Tumkur town. Of the three assessors, two were of the opinion that the accused was guilty while the third was doubtful.

( 2 ) THE learned Sessions Judge fully believed the occurrence. He held that the accused had waylaid the deceased Rajagopal and had assaulted him and used criminal force against him by squeezing his testicles as a result of which he died in his house a few hours later. He found that the motive which prompted the accused to assault Rajagopal was clearly established by evidence. The deceased had assaulted the accused's son a few days prior to the date of occurrence in connection with some difference in the matter of supply of stones by the latter. There is no evide

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